Holmes v. Holloway
Texas Supreme Court
Appeal from San Augustine. Tried below before Hon. A. W. 0. Hicks. Action for forcible entry and detainer, before a Justice of the Peace, where judgment was rendered for defendant, who sued out a writ of certíorari to the District Court, without executing a bond. In the District Court there was judgment for plaintiff. The other material facts are given in the Opinion.
1Opinion of the CourtRoberts, J.
This is an action of forcible entry and detainer, instituted by appellee against appellant, to recover possession of a tract of land.
An elaborate argument of much research has been submitted, to show that the charge of the Court was erroneous. It *659is contended that to make a forcible entry, as contemplated by the Statute, the intruder must have done such acts, as would have rendered him liable to an indictment for an assault and battery. We think the facts of this case very well illustrate that such a rule would not, in all cases, meet the objects of the law. Daniel Holloway had not abandoned…
2Cited by4 opinions
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- Thorndale Mercantile Co. v. Continental Gin Co.Court of Appeals of Texas · 1922
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