Hodges v. Ward
Texas Supreme Court
Appeal from Matagorda County. This was an application to the judge of the second judicial district for a mandamus, to compel the deputy collector of the port of Mata-gorda to deliver to the appellees certain goods imported by them, upon the payment of the duties in the exchequer bills of the country, at par.
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Appeal from Matagorda County. This was an application to the judge of the second judicial district for a mandamus, to compel the deputy collector of the port of Mata-gorda to deliver to the appellees certain goods imported by them, upon the payment of the duties in the exchequer bills of the country, at par. The application was made'to the judge in chambers, and the cause heard the following day “ in chambers,” at a time when, by law, no district court was appointed to be holden in and for the county of Matagorda. The decree which was rendered on the same day directed the goods to be…
1Opinion of the CourtWheeler, J.
The record before us purports to contain the proceedings of “ a district court for the county of Matagorda held in chambers,” on the 10th day of November, 1842, and to have been brought here by appeal from the judgment of that court.
By the laws then in force, appeal lay to the supreme court, only from the judgment or decree of a district court. 1 Stat. 203, sec. 15; 5 id. 168, sec. 19.
But no district court could, by law, be holden in the county of Mat-agorda where this proceeding purports to have been had. Const. Hep. Tex. art. 4, sec. 2; 6 Stat. 115.
*(174)At that time and place, therefore,…
2Cited by10 opinions
- Bridgman v. MooreTexas Supreme Court · 1944
- Johnston v. HunterWest Virginia Supreme Court · 1901
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1895
- Isbill v. StovallCourt of Appeals of Texas · 1936
- Hunton v. NicholsTexas Supreme Court · 1881
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