Legal Opinion

Clay v. Clay

Texas Supreme Court

Decided July 1, 1851PublishedCited by 12 opinions

Aj)peal from Washington. This was an action of forcible entry and de-tainer, brought by the appellants against the appellee, before McKnight, a justice of the peace, under the act of 184S. (Iiart.

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Aj)peal from Washington. This was an action of forcible entry and de-tainer, brought by the appellants against the appellee, before McKnight, a justice of the peace, under the act of 184S. (Iiart. Dig., p. 449; see, also, p. 547.) The record contained the original summons, which recited that the. defendant, in February, 1846, did forcibly enter, and now forcibly detained from the plaintiff, a certain quarter of a league of land, (which he described,) which was in the peaceable possession of the plaintiffs; that the plaintiffs leased the premises to one Haynes, for a term ending January 1,…

1Opinion of the CourtWheelee, J.

The question to he determined is, the propriety of the overruling, in effect, of the exceptions to the petition for a certiorari, and dismissing the case brought up by it.

The case was heard on the questions of law raised by the exceptions to tlie petition. Tlie judgment of tlie court necessarily involved the overruling of tlie exceptions to the petition; for, upon the questions raised by the exceptions, the court proceeded to give final judgment, setting aside the proceedings before the justice, and dismissing tlie case. The case having been tried and finally disposed of on tlie exceptions to…

2Cited by12 opinions

  1. Williams v. BallTexas Supreme Court · 1879
  2. Davis v. RankinTexas Supreme Court · 1878
  3. I. & G. N. R'y Co. v. PhilipsTexas Supreme Court · 1885
  4. Pullin v. ParrishCourt of Appeals of Texas · 1957
  5. Dagley v. LeethCourt of Appeals of Texas · 1937

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