Hammak v. Lewis
Texas Supreme Court
Error from Robertson. Tried below before the Hon. ÍT. Hart-Davis. This action was brought in January, 1868, by Hamman against. Lewis, in the County Court of Robertson county, then exercising; the civil jurisdiction conferred upon such courts* by the Constitution of 1866. Part of the' demand sued on was a note for seventy dollars, executed in 1861 to the plaintiff' and bis* then partner by the defendant and his then partner.
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Error from Robertson. Tried below before the Hon. ÍT. Hart-Davis. This action was brought in January, 1868, by Hamman against. Lewis, in the County Court of Robertson county, then exercising; the civil jurisdiction conferred upon such courts* by the Constitution of 1866. Part of the' demand sued on was a note for seventy dollars, executed in 1861 to the plaintiff' and bis* then partner by the defendant and his then partner. The remainder was a written. instrument, made by the defendant and his- partner in the same year, retaining the plaintiff’s law firm in the defense of a certain law suit,…
1Opinion of the CourtWalker, J.
Hamman brought suit on a mqney demand in the county court, and recovered a judgment for four hundred and .fifty dollars.
The defendant Lewis sought to take the case to the .district court by ¡certiorari. Some doubt is expressed as to the power, of the district ..court, under the Constitution of 1866, to take a case from the county court, on certiorari, when the action is based on a money demand. We think this power is clearly implied in section six, article four. It is therein provided that the district courts shall have power to issue writs of injunction, certiorari, *477and all other writs…
2Cases cited5 opinions
- Titus v. LatimerTexas Supreme Court · 1849
- Hanks v. ThompsonTexas Supreme Court · 1849
- Newson v. ChrismanTexas Supreme Court · 1852
- O'Brien v. DunnTexas Supreme Court · 1851
- Hooks v. LewisTexas Supreme Court · 1856
3Cited by4 opinions
- Tourtelot v. BookerCourt of Appeals of Texas · 1913
- Spiller v. McGeheeCourt of Appeals of Texas · 1934
- De Loach v. MooreCourt of Appeals of Texas · 1944
- Tourtelot v. BookerCourt of Appeals of Texas · 1913