Brooks v. Hicks
Texas Supreme Court
Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by Wilson Brooks, plaintiff in error, against Aretus W. Hicks, for $300 damages for the wrongful taking and conversion to his own use, by said Hicks, of a bay horse, a gelding, of the value of $100. Citation issued, and returned executed. Answer filed. Motion by defendant for rule on plaintiff for security for costs, at Fall Term, 1855, and cause continued.
Read the full summary
Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by Wilson Brooks, plaintiff in error, against Aretus W. Hicks, for $300 damages for the wrongful taking and conversion to his own use, by said Hicks, of a bay horse, a gelding, of the value of $100. Citation issued, and returned executed. Answer filed. Motion by defendant for rule on plaintiff for security for costs, at Fall Term, 1855, and cause continued. Spring Term, 1856, affidavit by one of the attorneys for plaintiff, “ that plaintiff, Wilson Brooks, is unable to give security for costs in this cause.” Motion to dismiss…
1Opinion of the CourtWheeler, J.
The Clerk, before issuing any process in the case, might have required the plaintiff to give security for costs, unless he would make oath that he was unable to give such security. (Hart. Dig. Art. 1379.) But he issued the process without requiring the security, and without the affidavit. After having thus issued the process, can he, or the defendant, defeat it, and cause the suit to be dismissed by requiring the security, when the party makes the affidavit that he is unable to give security for the costs. We think not. That would be to defeat the manifest spirit and policy of the provision;…
2Cited by9 opinions
- Bradfield v. StateCourt of Criminal Appeals of Texas · 1914
- Gentry v. StateCourt of Criminal Appeals of Texas · 1912
- McLeod v. StateCourt of Criminal Appeals of Texas · 1915
- Braithwaite v. Cameron Auditor.Supreme Court of Oklahoma · 1895
- Walker v. StateCourt of Appeals of Texas · 1879
4 more not listed; retrieve them via the Exa API.