O'Brien v. Dunn
Texas Supreme Court
Appeal from Victoria. Forcible entry and detainer by Dunn against O’Brien before a justice of the peace under the act of March 15, 1848. (Hart. Dig., p. 449.) Judgment for the plaintiff. Defendant offered to file an appeal bond in double tlie amount of the costs and rents and profits of the land. But the justice required a bond in the sum of ten thousand dollars, the estimated value of tlie land.
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Appeal from Victoria. Forcible entry and detainer by Dunn against O’Brien before a justice of the peace under the act of March 15, 1848. (Hart. Dig., p. 449.) Judgment for the plaintiff. Defendant offered to file an appeal bond in double tlie amount of the costs and rents and profits of the land. But the justice required a bond in the sum of ten thousand dollars, the estimated value of tlie land. This the defendant refused to give, and applied to the district judge for a writ of certiorari, assigning as grounds for his application the refusal of the justice to allow tlie appeal unless he…
1Opinion of the Court
Lipscomb. J.
This suit was an action for a forcible entry and detainer, brought by Dunn, the appellee, against the defendant before a justice of the peace for the county of Refugio. There was a verdict and judgment for the plaintiff. The defendant obtained a certiorari from one of tlie" judges of the District Court, and the cause, after the return of the certiorari, was transferred by consent to the District Court. The judge of the District Court dismissed the case, assigning as a reason for his decision that it was for want of jurisdiction. We have no doubt the judge was influenced by a…
2Cases cited1 opinion
- Thaxter v. WestonMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- Hatten v. City of HoustonCourt of Appeals of Texas · 1963
- Gabel v. City of HoustonTexas Supreme Court · 1867
- American Bankers' Ins. Co. v. FlowersCourt of Appeals of Texas · 1933
- Hammak v. LewisTexas Supreme Court · 1871
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