Bodman v. Harris
Texas Supreme Court
Error from Johnson. Tried below before the Hon. Nat. M. Burford. Petition by plaintiff in error for certiorari as follows : That he brought suit against said defendant for the sum of ¡§83 49 for various articles of merchandise, and that said cause came on to be heard on the 5th day of August, 1854, before David Mitchell, Esq., Precinct No. 8, where your petitioner appeared by attorney, and that said account was acknowledged to be just.
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Error from Johnson. Tried below before the Hon. Nat. M. Burford. Petition by plaintiff in error for certiorari as follows : That he brought suit against said defendant for the sum of ¡§83 49 for various articles of merchandise, and that said cause came on to be heard on the 5th day of August, 1854, before David Mitchell, Esq., Precinct No. 8, where your petitioner appeared by attorney, and that said account was acknowledged to be just. Your petitioner would further state that a few minutes before the trial commenced he was notified that said defendant would rely upon an offset of eighty-three…
1Opinion of the CourtRoberts, J.
Bodman instituted a suit before a Justice of the Peace on an open account against Harris, who filed a set-off and recovered a judgment against the plaintiff. Appellant, Bodman, applied for and obtained a' certiorari to remove the cause to the District Court, which, upon exceptions to the petition, was dismissed, and brought to this Court by plaintiff below on appeal. He assigns as error the judgment of the Court in dismissing his petition. There were various exceptions to the petition, covering every ground, the least assailable.
The petition complains that defendant was allowed to establish…
2Cited by4 opinions
- Sanders v. BridgesTexas Supreme Court · 1886
- Taylor, Boon & Wadel v. BewleyTexas Supreme Court · 1900
- M. P. R'y Co. v. RountreeCourt of Appeals of Texas · 1884
- Miner v. GoseCourt of Appeals of Texas · 1880