Smith v. Deweese
Texas Supreme Court
Appeal from Smith. Tried below before the 3jIon. 2. Norton. F. M. Hays assigned an account against Jackson Smith to T. F. Deweese, who brought suit thereon before Matthew Wood,-mayor of the city of Tyler. Judgment was rendered in favor of Deweese and against Smith and Hays for the amount of the account so assigned.
Read the full summary
Appeal from Smith. Tried below before the 3jIon. 2. Norton. F. M. Hays assigned an account against Jackson Smith to T. F. Deweese, who brought suit thereon before Matthew Wood,-mayor of the city of Tyler. Judgment was rendered in favor of Deweese and against Smith and Hays for the amount of the account so assigned. August 13, 1872, Smith presented his petition for certiorari and injunction against Deweese and Wood, alleging the facts and proceedings had before the mayor, Wood; insisting that the account was unjust, that it was assigned to Deweese by Hays for the purpose of conferring…
1Opinion of the Court
Devine, Associate Justice.
Appellant, Smith, obtained an injunction restraining appellee, Deweese, from collecting (and Matthew Wood, as mayor of the city of Tyler, from issuing any execution upon) a judgment obtained against appellant by Deweese before Wood, as mayor of the city of Tyler, and among other grounds for the injunction, averred that the mayor of Tyler had no jurisdiction to hear and determine civil actions between parties.
Deweese answered, and moved to dissolve the injunction. The judge sustained the motion, dissolved the injunction, and dismissed the petition, from which…
2Cited by4 opinions
- Smith v. GivensCourt of Appeals of Texas · 1936
- Burns, Walker & Co. v. TrueCourt of Appeals of Texas · 1893
- Potter County v. BoesenCourt of Appeals of Texas · 1917
- Morgan, Seelig & Co. v. E. Bement & SonsCourt of Appeals of Texas · 1900