Clark v. Snow
Texas Supreme Court
Error from Dallas. Tried below before the Hon. Hat. M. Burford. This was a proceeding of forcible entry and detainer, commenced by P. R. Snow against J. M. Clark, in the court of a justice of the peace, where judgment was rendered against the plaintiff in error, who removed the case to the District Court, by a certiorari; and in the District Court, judgment was rendered against him, for the premises claimed, and for the sum of $31.50, for their rent.
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Error from Dallas. Tried below before the Hon. Hat. M. Burford. This was a proceeding of forcible entry and detainer, commenced by P. R. Snow against J. M. Clark, in the court of a justice of the peace, where judgment was rendered against the plaintiff in error, who removed the case to the District Court, by a certiorari; and in the District Court, judgment was rendered against him, for the premises claimed, and for the sum of $31.50, for their rent. Ho claim had been made for rent in the justice’s court. There was no bill of exceptions or statement of facts, and the only error assigned was,…
1Opinion of the CourtWheeler, C. J.
It is assigned as error, that the court gave judgment for rent of the premises in question; and we are of opinion, that the objection to the judgment is well taken. In the complaint before the justice, there was no claim for rent. That claim was first made and allowed on the trial of the appeal in the District Court, which court had not jurisdiction of that subject-matter, and was forbidden to entertain it on the trial of the appeal. (Hart. Dig., Art. 714.)
*243Moreover, the remedy for forcible entry and detainer, is dependent entirely on the statute, which prescribes the mode of procedure and the…
2Cited by9 opinions
- Story v. StoryTexas Supreme Court · 1944
- Lincoln v. HarveyCourt of Appeals of Texas · 1945
- H. K. & F. B. Thurber & Co. v. ConnersTexas Supreme Court · 1882
- H. L. Null & Co. v. J. S. Garlington & Co.Court of Appeals of Texas · 1922
- Stark v. ScottCourt of Appeals of Kentucky · 1914
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