Moore v. Muse
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. E. B. Turner. This was a suit to compel, by mandamus, the defendant J. L. Moore, district clerk, to issue an order of sale upon a judgment rendered in the District Court of Washington county, February 5, A. D. 1875, in favor of one Muse et al. v. Burke, for $1,811.90, gold, with foreclosure of vendors’ lien upon two hundred and eighty-nine and two tenths acres of land.
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Appeal from Washington. Tried below before the Hon. E. B. Turner. This was a suit to compel, by mandamus, the defendant J. L. Moore, district clerk, to issue an order of sale upon a judgment rendered in the District Court of Washington county, February 5, A. D. 1875, in favor of one Muse et al. v. Burke, for $1,811.90, gold, with foreclosure of vendors’ lien upon two hundred and eighty-nine and two tenths acres of land. Upon said judgment, an order of sale was issued Ho vein-her 6, 1875. On the 4th of December, 1875, Burke and wife filed their petition for writ of error, to remove the cause…
1Opinion of the Court
Moore, Associate Justice.
The clerk is an officer of the court, and in the discharge of his mere ministerial duties in issuing mesne or final process, is subject to its direction and control. And if, in any case, through a mistaken conception of his duty, or willful disregard of the rights of a party to an action, he refuses to issue any writ or process to which such party is justly entitled, he may no doubt be compelled to do so by the court, by a motion in the case to which such writ or process properly belongs. And, if the judgment or order of the court on such motion can be brought to this…
2Cases cited3 opinions
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- Ledbetter v. BurnsTexas Supreme Court · 1874
- Ridley v. HendersonTexas Supreme Court · 1875
3Cited by13 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Yett v. CookTexas Supreme Court · 1925
- Stokes v. Aberdeen Insurance Co.Texas Supreme Court · 1996
- Burns v. LedbetterTexas Supreme Court · 1881
- Gruner v. WestinTexas Supreme Court · 1886
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