Adams v. Casey-Swasey Co.

STEPHENS, Associate Justice.

This appeal is from a judgment awarding a mandamus against the appellant, as Justice of the Peace of Precinct No. 1, Tarrant Comity, to compel him to issue an execution upon a judgment rendered by him, as such Justice of the Peace, in favor of the appellee, and against J. N. Graves.

The defense interposed was to the effect that, at a term of the Justice Court subsequent to that at which the judgment sought to be enforced was rendered, another judgment was entered between the same parties, in an equitable proceeding for a new trial instituted by the defendant in the…