Cobbs v. Coleman
Texas Supreme Court
Appeal from Harrison. The judgment in the Justice’s Court was rendered on the 7th of August, 1852. The decision of the Supreme Court, on the constitutionality of the certiorari law of 1852, was made at Austin Term, 1852, which commenced on the first Monday in November.
1Opinion of the Court
Hemphill, Ch. J.
This was a suit for injunction against a judgment from a Magistrate’s Court. The petitioners aver that they applied for and obtained a writ of certiorari, from the Clerk of the District Court, under the act of February 10th, 1852, but that after the law had been adjudged unconstitutional, by the Supreme Court, the cause was, on motion of defendant, dismissed; that more than ninety days had then elapsed, from the date of the judgment; that the failure to apply for a writ of certiorari, from the District Court, in proper time, had arisen from their mistake in bringing up the…
2Cases cited1 opinion
- Miller v. HallTexas Supreme Court · 1854
3Cited by37 opinions
- In Re VolpeUnited States Bankruptcy Court, W.D. Texas · 1989
- Alexander v. HoltTexas Supreme Court · 1883
- Betz v. MaierCourt of Appeals of Texas · 1896
- In Re PetersUnited States Bankruptcy Court, W.D. Texas · 1988
- Morgan v. RountreeSupreme Court of Iowa · 1893
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