Hooks v. Lewis
Texas Supreme Court
Appeal from Bowie. Before the Hon. William S. Todd. Petition by appellant for certiorari to Hezekiah Bayless, Justice of the Peace, to remove to the District Court, for trial de novo, a judgment rendered by said Justice on the 12th December, 1854, against petitioner, favor of the defendants, Charles Lewis and John W. Leigh, in an action of forcible entry and detainer, which judgment is illegal and against the evidence, for the following reasons : Former judgment before…
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Appeal from Bowie. Before the Hon. William S. Todd. Petition by appellant for certiorari to Hezekiah Bayless, Justice of the Peace, to remove to the District Court, for trial de novo, a judgment rendered by said Justice on the 12th December, 1854, against petitioner, favor of the defendants, Charles Lewis and John W. Leigh, in an action of forcible entry and detainer, which judgment is illegal and against the evidence, for the following reasons : Former judgment before another Justice of the Peace in favor of petitioner, removal of same to District Court by certiorari, and dismissal of…
1Opinion of the CourtWheeleb, J.
The averments of the petition are not as full and certain, as respects the facts and merits of the case, as they might have been. But we think them sufficient to entitle the petitioner to a certiorari. It appears by the petition that the complainant has merits ; and that the Justice erred, to the prejudice of his right, in rejecting the record of the former judgment, and the deed of release, under which, it seems, he claimed to be rightfully possessed of the premises in dispute. If the averments of the petition be true, there is cause to believe that injustice was done the party by the…
2Cited by5 opinions
- Jones v. NoldTexas Supreme Court · 1858
- Clark v. HuttonTexas Supreme Court · 1866
- Hall v. CollierCourt of Appeals of Texas · 1917
- Hammak v. LewisTexas Supreme Court · 1871
- Hail v. MagaleCourt of Appeals of Texas · 1883