Legal Opinion

Rodgers v. Alexander

Texas Supreme Court

Decided July 1, 1872PublishedCited by 2 opinions

Proceeding in the Supreme Court for a mandamus to a district clerk, to make out and send up a transcript of the record in a cause determined in the district court, and to which the petitioner had sued out a writ of error, in forma pauperis. The opinion indicates such facts as are of any use. The present proceeding is an outgrowth from the case of Rodgers v. Ferguson, a report of which, on a former appeal, will be found in 32 Texas.

1Opinion of the CourtWalker, J.

This is a proceeding in mandamus on the part of the relator, Jesse Rodgers, to compel the respondent, Thad. T. Alexander, clerk of the district court of Fayette county, to send up to this court the record of a judgment from the District Court of Fayette •county, wherein Jesse Rodgers is plaintiff and Ñ. B. Ferguson is defendant; under the provisions of the act •of May 3,1871, General Laws of the Twelfth Legislature, page 74. There is no return nor answer to the alternative writ; but both parties have filed briefs.

We are informed from the respondent’s briefs, of the grounds on which he places…

2Cases cited4 opinions

  1. Luckett v. TownsendTexas Supreme Court · 1848
  2. Smith v. GerlachTexas Supreme Court · 1847
  3. Cheek v. RogersTexas Supreme Court · 1846
  4. Prestige v. PrestigeTexas Supreme Court · 1860

3Cited by2 opinions

  1. Meek v. State ex rel. LinnvilleIndiana Supreme Court · 1909
  2. Hofheinz v. WilsonCourt of Appeals of Texas · 1926

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