Peabody v. Buentillo
Texas Supreme Court
Appeal from Cameron. Tried below before the Hon. A. W. Arrington. Suit commenced by appellee against appellant, before a Justice of the Peace, on an account of $85, for services in herding and droving in March, April and May, 1853, upon which a credit was allowed of sundries, $34; removed by the defendant to the District Court; and the certiorari dismissed on account of insufficiency in the petition therefor.
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Appeal from Cameron. Tried below before the Hon. A. W. Arrington. Suit commenced by appellee against appellant, before a Justice of the Peace, on an account of $85, for services in herding and droving in March, April and May, 1853, upon which a credit was allowed of sundries, $34; removed by the defendant to the District Court; and the certiorari dismissed on account of insufficiency in the petition therefor. The petition, after stating the rendition of the judgment against him for $51, by default, by the Justice of the Peace, continued as follows : Your petitioner alleges that in the said…
1Opinion of the CourtWheeler, J.
The petition is manifestly insufficient, in that it discloses that the defendant failed to make his defence before the Justice, and does not show any excuse for the omission. If he had a defence, it was incumbent on him to present it before the Justice. Having failed to do so, he has no cause to complain of the rendition of judgment against him. For aught that appears, the Justice decided rightly upon the case as presented. He could not have decidedly differently, upon the proof, as stated in his record. If the defendant was unavoidably prevented from making his defence, he should have stated…
2Cited by3 opinions
- White v. CaseyTexas Supreme Court · 1860
- McBurnett v. LampkinCourt of Appeals of Texas · 1907
- Hail v. MagaleCourt of Appeals of Texas · 1883