Miller v. Holtz
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. The facts of this case are fully stated in the opinion of the court.
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. The facts of this case are fully stated in the opinion of the court. The principal grounds upon which the injunction was asked for in the petition, were, that the dismissal by the District Court of the certiorari case, vacated and avoided the judgment originally rendered, in that case, by the justice of the peace, “ and put the said parties out of both courtsentitled the petitioner to an execution- against Holtz for all costs in the said suit, in both courts; and that the execution against the petitioner was therefore illegal.…
1Dissent
Wheeler, C. J.,
dissenting.—The act organizing justices’ courts gave the right, after judgment in that court, to remove the cause into the District Court for revision, by certiorari, as well as by appeal; and provided that the cause might be “ reviewed and tried de novo," (Dig. Art. 1753, Acts of 1852, ch. 70, p. 60.) It *142was provided by statute, that appeals from the justice’s court should be tried in the same manner, (Dig. Art. 714.) The law required the proceedings of the justice to be certified, and the papers removed into the District Court, in both cases, in the same manner. The same…
2Cases cited5 opinions
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