Crawford v. Crain
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit commenced February 1st, 1856, in a Justice’s Court, by C. W. Crawford against J. B. Crain and GL H. Ramey, on-a witness certificate in favor of T. R. Pitner, assigned to the plaintiff.
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Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit commenced February 1st, 1856, in a Justice’s Court, by C. W. Crawford against J. B. Crain and GL H. Ramey, on-a witness certificate in favor of T. R. Pitner, assigned to the plaintiff. The certificate was dated December 21st, 1855, and was for nine days attendance at the Spring Term, 1853, seventeen days at the Fall Term, 1853, six days at the Spring Term, 1854, three days at the Fall Term, 1854, and thirteen days at the Spring Term, 1855, in the case of Mathew Wood v. Crain and Ramey, at one dollar per day. Judgment for…
1Opinion of the CourtWheeler, J.
The certificate of the Clerk was prima facie evidence of the plaintiff’s right. (Flores v. Thorn, 8 Tex. R. 377.) But it appeared upon the face of the certificate, that a considerable portion of the claim was barred ; and the petition avers that the Statute was relied on at the trial before the Justice. Yet the Justice gave judgment for the full amount. On this ground the motion" to dismiss the certiorari was rightly -overruled.
*147It is objected that it does not appear by the petition, that the certiorari was applied for in time. It, however, does so appear by reference to the Justice’s…
2Cited by2 opinions
- Jones v. NoldTexas Supreme Court · 1858
- Ballard v. MurphyCourt of Appeals of Texas · 1890