Taylor v. Williams
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. P. W-Gray. This was an action of trespass to try title, instituted originally in Polk county to the Fall Term, 1847, of the District Court, by James Davis and Charles S. Taylor against George Williams, theappellee, for a tract of land in the county of Polk.
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Appeal from Walker. Tried below before the Hon. P. W-Gray. This was an action of trespass to try title, instituted originally in Polk county to the Fall Term, 1847, of the District Court, by James Davis and Charles S. Taylor against George Williams, theappellee, for a tract of land in the county of Polk. The cause was continued up to the Fall Term, 1856, when, upon motion of the plaintiffs, the venue was changed to the county of Walker, the order therefor reciting that “the judge-presiding, who is the judge of this judicial district, having been of counsel in cases involving the same title…
1Opinion of the CourtMoore, J.
This suit was properly commenced in the District Court of Polk county. That court alone had jurisdiction of it, unless the venue was changed in conformity with law. The Act of February, 13th, 1854, (O. & W. Dig., art. 404.,) provides that this may be done “ whenever one of the district judges of the-State of Texas, shall be disqualified by law from trying or sitting in any case pending before him, and the parties shall fail to appoint by consent,” &c. And article 4, section 14, of the constitution prescribes the rule by which we are to determine in what cases a judge shall be disqualified…
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3Cited by57 opinions
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- Slaven v. WheelerTexas Supreme Court · 1882
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