Clark v. Hopkins
Texas Supreme Court
'Appeal from lied River. . Tried below before the Hoü. Winston Banks. ; The petition for the certiorari, instead of entitling the case in ■the name of the nominal plaintiff, mentioned it as the ' suit of ■Clark, the usee, against the petitioner. Exhibits with the petition, however,' fully identified the suit mentioned with that set out in the transcript from the justice’s court.
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'Appeal from lied River. . Tried below before the Hoü. Winston Banks. ; The petition for the certiorari, instead of entitling the case in ■the name of the nominal plaintiff, mentioned it as the ' suit of ■Clark, the usee, against the petitioner. Exhibits with the petition, however,' fully identified the suit mentioned with that set out in the transcript from the justice’s court. The only cause of action disclosed in the justice’s transcript was a record of a justice’s judgment rendered in a previous 'cause between altogether different parties,' and importing no liability on the part of…
1Opinion of the CourtOgden, J.
This suit" was instituted in a" justice’s court in Red River county, in the name of E. West for the use of James H. -Clark, and, against R. M.. Hopkins, the appellant. A judgment was rendered against the defendant for the sum of ¡$88, who sued •out a writ of certiorari from the district court, to correct what Was claimed to be an erroneous judgment. At a subsequent term of the district court, on motion of the plaintiff the writ of certiorari was quashed and the cause dismissed. And from that judg- • ment the-defendant below has appealed, and now assigns as error the-ruling of the court below.
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2Cases cited3 opinions
- McFadin v. MacGrealTexas Supreme Court · 1860
- Heard v. LockettTexas Supreme Court · 1857
- Ward v. McRimmondTexas Supreme Court · 1854
3Cited by4 opinions
- Zachry v. Robertson Dba.Texas Supreme Court · 1948
- Perkins v. TerrellCourt of Appeals of Texas · 1919
- Moore v. RiceTexas Supreme Court · 1879
- New Caney Independent School District Board of Trustees v. Burnham Autocountry, Inc., Texas Court of Appeals, 6th District (Texarkana)1998