Clements v. City of San Antonio
Texas Supreme Court
Error from Bexar. Tried below; before the Hon, T. EL Strife-ling. This was a case of certiorari, brought by the city" of San Antonio against Clements, who, in 1859, had recovered a judgment in a justice’s court against the city, upon interest coupons, amounting to some seventy dollars, detached from a bond for $1000, being part of $50,000 subscribed by the city to the stock of the San Antonio and Mexican Gulf Railroad Company, under the act of September 5, 1850. By the…
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Error from Bexar. Tried below; before the Hon, T. EL Strife-ling. This was a case of certiorari, brought by the city" of San Antonio against Clements, who, in 1859, had recovered a judgment in a justice’s court against the city, upon interest coupons, amounting to some seventy dollars, detached from a bond for $1000, being part of $50,000 subscribed by the city to the stock of the San Antonio and Mexican Gulf Railroad Company, under the act of September 5, 1850. By the transcript sent up from the justice’s court, it was disclosed that a plea to the jurisdiction of the justice had been…
1Opinion of the CourtWalker, J.
The justice of the peace elected for one precinct has no right or authority to establish his office and exercise his official functions within the limits of another precinct; and if he should attempt to do so, his acts would be void. (See Foster v. McAdams, 9 Texas, 542.) The case of Sheldon v. the city of San Antonio, 25 Sup. Tex. R, 177, is an authority which appears to have some bearing upon this case. “ A certiorari is not for the correction of the merely erroneous rulings of the justice, but it is to enable the party to have the very right and justice of the case determined.” “ The…
2Cases cited1 opinion
- Foster v. McAdamsTexas Supreme Court · 1853
3Cited by3 opinions
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- Altergott Furn. Co. v. O'ConnorMissouri Court of Appeals · 1928
- Gregg v. First State Bank of BishopCourt of Appeals of Texas · 1938