Hope v. Alley
Texas Supreme Court
Error from Colorado. The defendants in error recovered judgment against the plaintiff in error, before a Justice of the Peace, for the price of a horse.
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Error from Colorado. The defendants in error recovered judgment against the plaintiff in error, before a Justice of the Peace, for the price of a horse. The defendant in the judgment petitioned the District Court for a certiorari, setting forth, as the grounds of his application, that the plaintiffs’ demand, on the day of trial before the Justice, was barred by the statute of limitations; that an action thereon was then and still is pending in the District Court; and that the judgment of the Justice was erroneous. The case, having been removed to the District Court, the plaintiffs in the…
1Opinion of the CourtWheeler, J.
Repeated decisions of this Court have settled, that the petition for a certiorari must show some error or illegality, committed by the Justice, to the prejudice of the party complaining; and that it was not in consequence of his neglect or omission to present his case or adduce his evidence before the Justice. It must appear that he had a good cause of action or ground of defence; and that it was properly presented before the Justice; or a sufficient legal excuse must be assigned for the omission. (Ford v. Williams, 6 Tex. R. 311; Clay v. Clay, 7 Id. 250; Pearl v. Puckett, 8 Id. 303.) It does…
2Cited by3 opinions
- Looney v. Sun Oil Co.Court of Appeals of Texas · 1943
- King v. LongcopeTexas Supreme Court · 1851
- Cordes v. KauffmanTexas Supreme Court · 1867