Hays v. Stewart
Texas Supreme Court
Appeal from Smith. This was a suit, brought by the appellee against the appellant before a justice of the peace to recover twenty dollars, being, as the plaintiiV in the suit alleged, four Limes the excess paid by liim to tlie defendant as the surveyor for Smith county; that the surveyor charged ten dollars and fifty cents for surveying three miles and T2$¡-, when he actually surveyed only half that amount, which amount plaintiff had actually paid.
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Appeal from Smith. This was a suit, brought by the appellee against the appellant before a justice of the peace to recover twenty dollars, being, as the plaintiiV in the suit alleged, four Limes the excess paid by liim to tlie defendant as the surveyor for Smith county; that the surveyor charged ten dollars and fifty cents for surveying three miles and T2$¡-, when he actually surveyed only half that amount, which amount plaintiff had actually paid. There was a verdict and judgment for the defendant in the Justice’s Court, and the plaintiff applied for and obtained a writ of certiorari from…
1Opinion of the CourtLipscomb, J.
The case is not presented with as much perspicuity as it is desirable that such eases should be. There Is no return of the proceedings before the justice of the peace, and we can only ascertain from the petition and the evidence what was the precise object of the suit, whether to recover the penalty of four-fold or to recover back money paid for labor not performed by the survey01' — two grounds of action believed' to be materially different. If for the hist, the amount of money so paid for work not done would be recoverable, not under the statute, but on an implied obligation. On the former…
2Cited by4 opinions
- Looscan v. County of HarrisTexas Supreme Court · 1883
- Hirshfield v. Fort Worth National Bank.Texas Supreme Court · 1892
- State v. OdenIndiana Court of Appeals · 1894
- State v. WainwrightWashington Supreme Court · 1908