Miller v. Hall
Texas Supreme Court
Appeal from Houston. The appellant recovered judgment against the appellee before a Justice of the Peace. Nearly six months thereafter the defendant in the judgment petitioned the District Court for an injunction perpetually to enjoin the collection of the judgment, averring that the judgment of the Justice is erroneous and unjust; that he has a meritorious defence, &c.; that he appealed from the judgment, but is advised that the District Court cannot entertain jurisdiction…
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Appeal from Houston. The appellant recovered judgment against the appellee before a Justice of the Peace. Nearly six months thereafter the defendant in the judgment petitioned the District Court for an injunction perpetually to enjoin the collection of the judgment, averring that the judgment of the Justice is erroneous and unjust; that he has a meritorious defence, &c.; that he appealed from the judgment, but is advised that the District Court cannot entertain jurisdiction of the appeal. The defendant in the injunction, at the return Term of the writ, excepted to the sufficiency of the…
1Opinion of the Court
"Wheeler, J.
In support of the judgment of the District *557Court upon the sufficiency of the petition, and, as an excuse for not having availed himself of the remedy by certiorari, within the time prescribed by the statute, the appellee, insists that a mistake in law, as to his right to appeal, is, under the circumstances, a sufficient ground to authorize a Court of Equity to award him a new trial. We entertain no doubt of the correctness of the position, if the appeal was taken under the authority of an Act of the Legislature which was after-wards determined to be unconstitutional, and it…
2Cited by4 opinions
- Cobbs v. ColemanTexas Supreme Court · 1855
- Gehret v. HetkesTexas Commission of Appeals · 1931
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- Bank of America v. Department of Mental HygieneCalifornia Court of Appeal · 1966