Ables v. Pearle
Texas Supreme Court
Error. This case was brought by a writ of certiorari into the District Court from the judgment of a justice of the peace. There was a trial and a verdict for tlio defendant, who was plaintiff in error in this court. The verdict was set aside and the cause continued; and at the next Term the certiorari was dismissed and a writ of procedendo awarded to the justice of the peace to proceed on his judgment.
1Opinion of the CourtLipscomb, J.
Tiie only error assigned that it is necessary to notice is, that the court erred in dismissing the certiorari after a Term had intervened, on the authority of Dunn v. O’Brien, (5 Tex. R., 570,) and Steinlein v. Dial, decided at the present Term. The motion to dismiss or quash the writ of certiorari could not bo made after the return Term. The judgment is reversed and the cause remanded to the District Court.
Beversed and remanded.
Note. 55. — Steinlein v. Dial, ante 268.
2Cited by1 opinion
- G., C. & S. F. R'y Co. v. ConnerCourt of Appeals of Texas · 1884