Ford v. Williams
Texas Supreme Court
Appeal from Smith. The -judgment rendered by tho magistrate in this suit was removed by certiorari into tiie District Court. As a ground (and tiie only one) for tho grant of the writ it was averred that the cause of action was wholly unjust, and that petitioners believed that their grounds of defense were good, and that, unless they could have a fair and impartial trial, it would operate as a hardship on them.
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Appeal from Smith. The -judgment rendered by tho magistrate in this suit was removed by certiorari into tiie District Court. As a ground (and tiie only one) for tho grant of the writ it was averred that the cause of action was wholly unjust, and that petitioners believed that their grounds of defense were good, and that, unless they could have a fair and impartial trial, it would operate as a hardship on them. The plaintiff (tiie appellant in this court) moved to dismiss the writ on several grounds, one of which was that there was no substantial showing of equity in tiie petition, there being…
1Opinion of the Court
Hemphill, Ch. J.
The 67th section of the act to organize Justices’ Courts, (art. 1753, Dig.,) regulating the issue of the writ of certiorari and proceedings thereon, is in force in all of its provisions not conflicting with the decision in tiie case of Titus v. Latimer; and this section inhibits tiie grant of the writ ninety days after the entry of judgment by the magistrate, and unless tiie applicant shall first give bond with two or more sufficient sureties, conditioned as prescribed in tho statute. And tiie applicant is required to make an affidavit in writing, setting forth sufficient…
2Cited by5 opinions
- Warrick v. Moore CountyCourt of Appeals of Texas · 1927
- Chicago, R. I. & G. Ry. Co. v. BoyceCourt of Appeals of Texas · 1918
- Scott v. TateCourt of Appeals of Texas · 1930
- Cordes v. KauffmanTexas Supreme Court · 1867
- Hail v. MagaleCourt of Appeals of Texas · 1883