Haley v. Villeneuve
Texas Supreme Court
Appeal from Calhoun. The appellant brought suit against the appellee, Villeneuve, before a Justice of the Peace, and on the 3rd of March, 1850, obtained judgment for the use of one Howerton. Execution issued, and was levied on a billiard table, which the wife of the defendant in execution claimed as her separate property.
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Appeal from Calhoun. The appellant brought suit against the appellee, Villeneuve, before a Justice of the Peace, and on the 3rd of March, 1850, obtained judgment for the use of one Howerton. Execution issued, and was levied on a billiard table, which the wife of the defendant in execution claimed as her separate property. Upon the trial of the right of property, the claimant moved the Court to quash the execution and set aside the proceedings, on the ground that the judgment was void, because rendered in favor of a free person of color,-residing within this State in violation of law. The…
1Opinion of the CourtWheeler, J.
The petition for certiorari was manifestly Insufficient, and should have been dismissed on motion. There *619had been no trial of the right of property, and, consequently, there was no judgment of which the claimant could ask a revision. More than the time limited for obtaining a certiorari to revise the judgment of the Justice, had elapsed before the filing of the petition, and the defendant in the judgment was therefore barred of his remedy. But if the petition had been in time, it should have been dismissed for the want of merits. Bepeated decisions of this Court have settled, that a defendant…
2Cited by4 opinions
- Odle v. Frost, Barry & LeeTexas Supreme Court · 1883
- Levy v. WagnerCourt of Appeals of Texas · 1902
- Hail v. MagaleCourt of Appeals of Texas · 1883
- Wilson v. GriffinTexas Commission of Appeals · 1881