Aycock v. Williams
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. James H. Bell. The transcript from the docket of the Justice of the Peace, after stating the commencement of the suit and the service of the citation, read as follows : May 3, 1856. This case came up for trial, and, after hearing the testimony, the parties being present, it is decided that the defendant have a judgment for the costs of the suit.
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Appeal from Brazoria. Tried below before the Hon. James H. Bell. The transcript from the docket of the Justice of the Peace, after stating the commencement of the suit and the service of the citation, read as follows : May 3, 1856. This case came up for trial, and, after hearing the testimony, the parties being present, it is decided that the defendant have a judgment for the costs of the suit. On the 9th day of May, 1857, the plaintiff, N. M. Aycock, filed his affidavit, praying for a new trial in the case, which is granted. June 7, 1856. This day this cause came up for trial, and being…
1Opinion of the CourtWheeler, J.
The petition was filed by the defendant in a judgment rendered by a Justice of the Peace. The petition alleges that upon a trial before the Justice, judgment was rendered for the defendant; that, upon application of the plaintiff, the Justice afterwards granted a new trial, and gave judg*395ment against the defendant; and that the defendant had no legal notice of the granting of the new trial, and consequently did not attend the last trial. It appears by the return to the certiorari, that the first trial was had before the Justice on the 3d of May ; and the new trial was granted on the ninth. It…
2Cited by13 opinions
- Fulton v. FinchTexas Supreme Court · 1961
- Williams v. SteeleTexas Supreme Court · 1908
- M. Cohen v. Minor MooreTexas Supreme Court · 1907
- Jones v. BassTexas Commission of Appeals · 1932
- Odle v. StateCourt of Criminal Appeals of Texas · 1940
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