Hillebrand v. McMahan
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Bimes. This was an appeal from the action of the district court sustaining a general demurrer to a petition, on the ground that, under art. 1544, Revised Statutes, a justice of the peace had no jurisdiction to order the sale of land attached for debt under process issuing from his court.
1Opinion of the Court
Willie, Chief Justice.—
One of the questions raised in this case, and which is decisive of it, is: Has a justice of the peace jurisdiction to foreclose an attachment lien on land?
In our attachment laws no distinction is made between the power of a justice of the peace and that of a district court in reference to foreclosing such liens, except as -to the amount involved. If, therefore, they have no authority to enforce a lien of this character upon land, it must be because the legislature has no right to confer it upon them.
The position taken by appellee’s counsel is, that the levy of the…
2Cases cited9 opinions
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Scanlan v. ChildsWisconsin Supreme Court · 1873
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- Lane v. HowardTexas Supreme Court · 1858
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3Cited by23 opinions
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- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
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