Mitchell v. Runkle
Texas Supreme Court
Appeal from Travis. The case was tried before William M. Walton, Esq., a special judge, chosen under the constitution, because of the interest of Hon. A. W. Ter'rell, one^of the district judges. Martha Mitchell sued William Runlde and others. She declared as the widow and only heir of Robert Mitchell, deceased. The suit was for an interest in the Gideon Pace half league of land. The defendants plead the general issue.
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Appeal from Travis. The case was tried before William M. Walton, Esq., a special judge, chosen under the constitution, because of the interest of Hon. A. W. Ter'rell, one^of the district judges. Martha Mitchell sued William Runlde and others. She declared as the widow and only heir of Robert Mitchell, deceased. The suit was for an interest in the Gideon Pace half league of land. The defendants plead the general issue. The case seems to have turned upon the bill of exceptions. The record of the justice was as follows : “ Transcript from justice’s docket in the case of Robert Mitchell v. J. R.…
1Opinion of the CourtWheeler, C. J.
—The judgment of the justice, which was offered in evidence to support the sheriff’s sale, is not such a judgment as the justice could legally render in the exercise of his ordinary jurisdiction. From the terms in which it is expressed, we suppose it to have been rendered in a proceeding by motion against the defendant, as sheriff, or other officer, for failing or refusing to pay over money collected under an execution, under the provision of sec. 10 of the execution law of 1842. (O. & W. Dig., Art. 865.)
It, however, does not appear, from the record of the justice, that a case was brought…
2Cited by7 opinions
- Perry v. PonderCourt of Appeals of Texas · 1980
- Kirby v. CartwrightCourt of Appeals of Texas · 1907
- Wright v. DunnTexas Supreme Court · 1889
- Jones v. BartlettCourt of Appeals of Texas · 1916
- Brox v. KellyCourt of Appeals of Texas · 1935
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