Robinson v. Lakey
Texas Supreme Court
Error from Rusk. Tried below before the Hon. William W. Morris. The petition for certiorari, after stating the suit and judgment in the Justice’s Court, in favor of Lakey against the petitioner Robinson, for a cow or her value assessed at $20, five of which had been remitted, continued as follows : He says, that he believes the said judgment was contrary to law and evidence, and that great injustice has been done him by the said judgment, aud that this certiorari is not…
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Error from Rusk. Tried below before the Hon. William W. Morris. The petition for certiorari, after stating the suit and judgment in the Justice’s Court, in favor of Lakey against the petitioner Robinson, for a cow or her value assessed at $20, five of which had been remitted, continued as follows : He says, that he believes the said judgment was contrary to law and evidence, and that great injustice has been done him by the said judgment, aud that this certiorari is not sought for delay, but because he has a just defence on the merits, which he believes he can establish on a new trial in your…
1Opinion of the CourtRoberts, J.
The plaintiff’s petition for a certiorari being dismissed by the District Court upon exception of defendant, the only question in the case is, do the allegations of the petition entitle the plaintiff to the remedy sought:
It has been held by this Court, that “ vague general statements of the injustice of the cause of action, or of the validity of the defence, present no grounds of judicial interposition ” (Ford v. Williams, 6 Tex. R. 311.) “ That the petition must show on its face the error or illegality complained of by petitioner, and that there was an attempt to make the grounds relied on…
2Cited by4 opinions
- Yarbrough v. PughWashington Supreme Court · 1911
- Perry-Rice Grocery Co. v. W. E. Craddock Grocery Co.Court of Appeals of Texas · 1904
- Givens v. BlockerTexas Supreme Court · 1859
- Riley v. RunkleTexas Supreme Court · 1867