Rotzein v. Cox
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. Alexander W. Terrell. Suit brought by plaintiff in error, by bill of injunction, against the defendants in error, C. L. Cox and T. II. & G. B. Hollamon, in which it was alleged that Cox, on the 27th day of June, A. D. 1857, obtained a judgment before a justice of the peace, against one Frederick Moffield, for the sum of one hundred dollars, principal and costs.
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Error from Guadalupe. Tried below before the Hon. Alexander W. Terrell. Suit brought by plaintiff in error, by bill of injunction, against the defendants in error, C. L. Cox and T. II. & G. B. Hollamon, in which it was alleged that Cox, on the 27th day of June, A. D. 1857, obtained a judgment before a justice of the peace, against one Frederick Moffield, for the sum of one hundred dollars, principal and costs. That on the same day, Cox caused the said justice to issue a writ of garnishment against Thos. H. & G. B. Hollamon, in favor of the said Cox; and that on the twenty-eighth day of July,…
1Opinion of the CourtRoberts, J.
The plaintiff seeks to set aside a judgment rendered by a justice of the peace, upon the ground, that it was rendered upon evidence which would not legally authorize such a judgment, and was therefore merely erroneous.
If Rotzein made himself a party to the suit before the jus*66tice, (which does not distinctly appear,) then his remedy was by certiorari. If, however, he did not make himself a party, and was not so treated in the suit before the justice, then it was a judgment between third parties; which, though conclusive, while it stands, as between the parties to it, does not affect his…
2Cited by6 opinions
- Jordan v. CorleyTexas Supreme Court · 1874
- Long v. SmithTexas Supreme Court · 1873
- Pait v. McCutchenTexas Supreme Court · 1875
- Mayes v. WoodallTexas Supreme Court · 1872
- Long v. SmithTexas Supreme Court · 1873
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