Legal Opinion

Doss v. State

Texas Supreme Court

Decided July 1, 1851PublishedCited by 3 opinions

Error from Houston. This was a proceeding commenced before a justice of the peace oil the information of Harrison against Learned in 1843 for a violation of the secoud section of the act of the 16th Jauuary, 1843. (Hart. Dig., art. 3083.) The justice of the peace rendered a judgment against Learned for twenty-live dollars and costs.

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Error from Houston. This was a proceeding commenced before a justice of the peace oil the information of Harrison against Learned in 1843 for a violation of the secoud section of the act of the 16th Jauuary, 1843. (Hart. Dig., art. 3083.) The justice of the peace rendered a judgment against Learned for twenty-live dollars and costs. The judgment was in these words, after stating tlie proof and the charge: “It is therefore adjudged that judgment be entered against defendant for twenty-five dollars damages and all lawful costs.” An appeal was asked; no bond, however, having been given within…

1Opinion of the CourtLipscomb, J.

It is alleged by the plaintiff in error that the court below erred in the rendition of tlie judgment against them and in the judgment on which it is founded. From the conclusion we have arrived at it is unnecessary to notice the act of the Republic under which tlie proceedings were commenced in the Justice's Court further than that tlie penalty imposed by it inured the one-half to the Republic, one-fourth to the informer, and one-fourth to tlie comity.

The record shows the proceedings to have been a qui tam suit, and the judgment should liave been in favor of llarrison and not the Governor of…

2Cited by3 opinions

  1. American Liberty Pipe Line Co. v. AgeyCourt of Appeals of Texas · 1942
  2. Gibbs v. StateCourt of Criminal Appeals of Texas · 1898
  3. In Re Dr. Robert TafelTexas Supreme Court · 2026

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