McNeill v. Hallmark
Texas Supreme Court
Appeal from Bastrop. The case was tried before Hon. A. W. Terrell, one of the district judges. The appellant, on the 12th of January, 1861, presented his petition and obtained the order of the district judge for an ad interim injunction.
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Appeal from Bastrop. The case was tried before Hon. A. W. Terrell, one of the district judges. The appellant, on the 12th of January, 1861, presented his petition and obtained the order of the district judge for an ad interim injunction. In his petition he alleged that the appellee, on the 31st December, 1860, instituted suit before a justice of the peace against the petitioner and his wife, on their note for $67, due and payable on the 1st day of January, 1861; that the'justice of the peace issued his summons on the 31st of December, 1860, citing petitioner and his wife to appear and answer…
1Opinion of the CourtDonley, J.
—The matter in controversy in this case is less than $100. The issuing of the writ and the service thereof on the defendant gave the justice of the peace, who •tried the cause, jurisdiction.
*159It is believed that the judgment of the justice was erroneous. The appellant might have corrected this error by certiorari from the District Court.
That an injunction was not the remedy, is believed to have been settled by this court in the case of Fitzhugh v. Orton, 12 Tex., 5; Smith v. Ryan, 20 Id., 664; Rotzein v. Cox, 22 Tex., 65. The judgment is
Affirmed.
2Cited by12 opinions
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- Young v. City of ColoradoCourt of Appeals of Texas · 1915
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