Oldham v. Sparks
Texas Supreme Court
Error from "Williamson. ■ The case was tried "before Hon. Edward H. Vontress, one of the district judges. This was originally a suit before a.justice of the peace, instituted by the intestate of the defendant in error against the plaintiffs in error, to recover from them the amount of certain cost bills, payable by one John M. Costley, and placed in the hands of the plaintiffs in error for collection.
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Error from "Williamson. ■ The case was tried "before Hon. Edward H. Vontress, one of the district judges. This was originally a suit before a.justice of the peace, instituted by the intestate of the defendant in error against the plaintiffs in error, to recover from them the amount of certain cost bills, payable by one John M. Costley, and placed in the hands of the plaintiffs in error for collection. There being judgment rendered by the justice, against the plaintiffs in error for the amount of the cost bills and interest, they took the case to the District Court by certiorari. In their…
1Opinion of the CourtWillie, J.
—In the view which we take of this case, it is unnecessary for us to decide whether or not an amendment can under any circumstances be allowed to a petition for a certiorari. The court below did not in this instance err in refusing the amendment proposed, for the r.eason that the petition as thus amended would still have been insufficient to justify a writ of certiorari. It did not disclose any good defense to the action brought in the justices’ court. On the contrary, if the evidence before that court was precisely what it is stated to be in the petition, judgment was properly rendered for…
2Cases cited2 opinions
- Commonwealth v. SharplessSupreme Court of Pennsylvania · 1815
- Phillips v. ParrTexas Supreme Court · 1857
3Cited by3 opinions
- Farmers' Mill & Elevator Co. v. HodgesTexas Commission of Appeals · 1924
- Crenshaw v. Home Lumber Co.Court of Appeals of Texas · 1927
- Fox v. JonesCourt of Appeals of Texas · 1889