Horan v. Wahrenberger
Texas Supreme Court
Appeal from Travis. This was an action for the recovery of a lot or parcel of land. The plaintiff (who was appellant in this court) claimed under a judgment, of the Supreme Court and "by virtue of an execution and sale under said judgment. The suit in which that judgment was rendered was between the parties to this action, and it originated before a justice of tlie peace, whose judgment was taken by appeal to the District Court.
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Appeal from Travis. This was an action for the recovery of a lot or parcel of land. The plaintiff (who was appellant in this court) claimed under a judgment, of the Supreme Court and "by virtue of an execution and sale under said judgment. The suit in which that judgment was rendered was between the parties to this action, and it originated before a justice of tlie peace, whose judgment was taken by appeal to the District Court. Tlie judgment of the District Court being- brought to the Supreme Court for revision, was reversed, and tlie judgment of tlie justice of tlie peace affirmed, with…
1Opinion of the Court
HEMPHILL, Cii. J.
In support of the position that the judgment under which tlie sale was effected is a nullity, the appellee refers to the decision of this court iu Titus v. Latimer, 5 Tex. R., 433, in which it was hold that tlie District Court had no power by appeal to take cognizance of judgments rendered in inferior jurisdictions, with the exception of judgments iu inferior tribunals exercising jurisdiction in matters pertaining to tlie estates of deceased persons, and that tlie law vesting such appellate power in the District Court was unconstitutional.
On the principles settled in this…
2Cases cited2 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- The New England Insurance Company v. the Sarah AnnSupreme Court of the United States · 1839
3Cited by26 opinions
- Mingus, Receiver v. WadleyTexas Supreme Court · 1926
- Cline v. NibloTexas Supreme Court · 1928
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Chambers v. HodgesTexas Supreme Court · 1859
- Mastin v. GraySupreme Court of Kansas · 1878
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