Foster v. McAdams
Texas Supreme Court
Error from Walker. Injunction against an execution issued by a justice of the peace. It appeared that the parties had a suit pending before Davis in the 7th precinct; that they agreed that Mason, justice in precinct No. Ü, should sit with Davis in the trial of the ease, and that the decision of Mason should he final; that the judgment was entered up by Davis, signing his own name thereto, as the judgment of Mason, and declining to give an opinion of his own, but making no…
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Error from Walker. Injunction against an execution issued by a justice of the peace. It appeared that the parties had a suit pending before Davis in the 7th precinct; that they agreed that Mason, justice in precinct No. Ü, should sit with Davis in the trial of the ease, and that the decision of Mason should he final; that the judgment was entered up by Davis, signing his own name thereto, as the judgment of Mason, and declining to give an opinion of his own, but making no entry to that effect. The injunction was dissolved, and the plaintiff'obtained a writ of error. I. The act of ISIS, (Hart.…
1Opinion of the CourtLipscomb, J.
The question presented in this ease is, can a justice of the peace go out of his own precinct and try and decide a civil suit?
The justices of the peace are elected fora particular precinct by the qualified voters of such precinct, (sec arts. 201, 202, 225, Hart. Dig.,) and it would seem to follow, as a matter of course, in the absence of any express authority of law to the contrary, that their jurisdiction is restricted and confined to the particular precinct for which and in which they had been effected by the qualified voters thereof. They can no more go out of their own precinct and try a…
2Cited by5 opinions
- Brown v. StateCourt of Criminal Appeals of Texas · 1909
- Phillips v. ThrallsSupreme Court of Kansas · 1882
- Altergott Furn. Co. v. O'ConnorMissouri Court of Appeals · 1928
- Clements v. City of San AntonioTexas Supreme Court · 1871
- Eisenberg v. Lape, New York County Courts1907