Miner v. Gose

Opinion by

Clark, J.

§73. Certiorari; requisites of petition for. An appeal from a judgment of a justice of the peace being the regular method prescribed by statute for effecting a revision of errors in that tribunal, the petition for certiorari must allege a sufficient excuse for not appealing. [Mayo v. Lewis, 4 Tex. 1; Cotton v. Gammon, 4 Tex. 84; Bodman v. Harris, 20 Tex. 31.] That petitioner’s adversary had made a motion for new trial in justice’s court, and afterwards abandoned it, thereby deceiving petitioner, will not be a sufficient excuse for not appealing. A petition for certiorari…