White v. Casey
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This was a suit begun in the justice’s court by White, by proceedings in garnishment, to satisfy a judgment in favor of Wyatt against Little. Casey was cited as garnishee, and judgment rendered against him as such. The cause was brought to the District Court by certiorari on petition of Casey.
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Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This was a suit begun in the justice’s court by White, by proceedings in garnishment, to satisfy a judgment in favor of Wyatt against Little. Casey was cited as garnishee, and judgment rendered against him as such. The cause was brought to the District Court by certiorari on petition of Casey. White, the appellant, answered the petition by alleging that the omission of the justice to subscribe his name to the affidavit,- (which was the predicate for the issuance of the writ of garnishment,) was a' mere clerical mistake ; that the…
1Opinion of the CourtBell, J.
It is a general rule of law that a party must make his proper defences to legal proceedings against him at the proper time, and in the proper place. It is obvious that all the objections to the proceedings in the justice’s court, which are enumerated in the petition for certiorari, might have been presented in the *555justice’s court, and would have been as available to the garnishee in that court as in the District Court. In the case of Peabody v. Buentillo, (18 Tex., 313,) it was held by this court that a party to a judgment rendered by a justice of the peace cannot have a certiorari to remove…
2Cases cited1 opinion
- Peabody v. BuentilloTexas Supreme Court · 1857
3Cited by12 opinions
- Carlton v. HoffCourt of Appeals of Texas · 1927
- Patton v. Crisp & WhiteCourt of Appeals of Texas · 1928
- McBurnett v. LampkinCourt of Appeals of Texas · 1907
- First Nat. Bank of Munday v. GuinnCourt of Appeals of Texas · 1933
- Texas Co. v. DisneyCourt of Appeals of Texas · 1925
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