Ray v. Parsons
Texas Supreme Court
Appeal from Rusk. Oertiora/ri to the County Court, obtained by the appellant, to revise an order for the payment of a privileged claim. The certiorari was allowed by the Judge of the Fifth District, the Judge of the sixth being disqualified. It appeared from the statement of facts, that there was property, but no money in the hands of the administrator. The County Court had issued execution.
1Opinion of the CourtWheeler, J.
It was the undoubted right of the plaintiff to maintain this proceeding, under the Statute, to revise and correct the judgment of the County Court. (Hart. Dig. Art. 807.) The remedy given by the Statute is concurrent with that by appeal; and to entitle a party to it, it is not necessary that he should assign any excuse for not taking an appeal. It is as much a matter of course, and of right under the Statute, as the remedy by appeal.
The judgment of the Court, sought to be revised and corrected, appears to have been rendered immediately upon the filing the petition, and without notice to the…
2Cited by6 opinions
- Harrison v. OberthierTexas Supreme Court · 1874
- Cluck v. HesterTexas Supreme Court · 1975
- Lucas v. HarrisonCourt of Appeals of Texas · 1911
- A. B. Richards Medicine Co. v. JohnsonCourt of Appeals of Texas · 1924
- Huebsch Mfg. Co. v. ColemanCourt of Appeals of Texas · 1938
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