Frederick Johnson's Administrators v. Ward
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. Charles A. Frazer. The appellee, in his petition for a certiorari, alleged, that the case had been continued from term to term, in the court of the justice of the peace, without his knowledge, and against his consent. Upon the trial, the justice before whom the suit was originally brought, testified, that the case was continued from term to term, on account of the loss of the papers in the cause, and the note sued on.
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Appeal from Harrison. Tried below before the Hon. Charles A. Frazer. The appellee, in his petition for a certiorari, alleged, that the case had been continued from term to term, in the court of the justice of the peace, without his knowledge, and against his consent. Upon the trial, the justice before whom the suit was originally brought, testified, that the case was continued from term to term, on account of the loss of the papers in the cause, and the note sued on. The refusal of the District Court to dismiss the certiorari, was the only question in the case. The facts are stated in the…
1Opinion of the CourtBell, J.
This suit was originally instituted in the court of a justice of the peace, by the appellee, against Sewell Horris and John B. Tackett, as the makers, and Frederick Johnson, as the endorser of a promissory note. It appears, that the plaintiff in the Justice’s Court, suffered the cause to remain on the docket, undisposed of, and without any action being taken in it, from August, 1853, until March, 1855. In March, 1855, after giving notice to the defendants, the plaintiff asked for judgment, and made the necessary proof; but the justice was of opinion that the plaintiff had lost his right to a…
2Cases cited1 opinion
- Flanagan v. SmithTexas Supreme Court · 1858
3Cited by2 opinions
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- Fr. Beck & Co. v. AvondinoCourt of Appeals of Texas · 1899