Watkins v. Kirchain
Texas Supreme Court
Error from Ancleraon. Tlio petition in tills case set out that tlio petitioner verily believed that the land upon which he liad settled and resided was vacant land, and that to claim the benefit of the pre-emption law, and have three hundred and twenty acres, including his improvement-, surveyed, lie made application to tiie defendant, surveyor for the comity of Anderson, in which district the land was situated, and made the oatii prescribed by the statute, but that the said…
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Error from Ancleraon. Tlio petition in tills case set out that tlio petitioner verily believed that the land upon which he liad settled and resided was vacant land, and that to claim the benefit of the pre-emption law, and have three hundred and twenty acres, including his improvement-, surveyed, lie made application to tiie defendant, surveyor for the comity of Anderson, in which district the land was situated, and made the oatii prescribed by the statute, but that the said surveyor, although particularly requested to make the survey, wholly neglected and refused to do so. Petitioner prayed…
1Opinion of the Court
Lipscomb,,!.
The answer of the surveyor does not appear to have been verified by affidavit; and it is said in Bracken v. Wells and others, that although our statute docs not, in exceptions, require the application for a mandamus to be verified by oath, yet, on general principles, they ought to he so verified. (3 Tex. R., 92.) But we are not aware that it has ever been decided by tills court that the answer must be sworn to. Formerly, by the common law, the answer to a rule for a mandamus could not lie controverted; its verity could not he questioned in that suit. (Fitzhugh v. Custer, 4 Tex.…
2Cited by13 opinions
- Thomson v. LockeTexas Supreme Court · 1886
- Camp v. Gulf Production Co.Texas Supreme Court · 1933
- Kopeski v. MartinCourt of Criminal Appeals of Texas · 1982
- City of San Antonio v. RoutledgeCourt of Appeals of Texas · 1907
- Rankin v. NoelCourt of Appeals of Texas · 1916
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