Mabry v. Little
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit by appellant against William D. Little, late a Justice of the Peace, and Lemuel Mullins, for trespass, &c. The facts were as follows: Mullins obtained from Little on the 10th of October, 1853, a distress warrant against Mabry, on a note signed by the latter, due October 1st, payable to Mullins, for $108, purporting to be for rent for the place on which Mabry then lived.
Read the full summary
Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit by appellant against William D. Little, late a Justice of the Peace, and Lemuel Mullins, for trespass, &c. The facts were as follows: Mullins obtained from Little on the 10th of October, 1853, a distress warrant against Mabry, on a note signed by the latter, due October 1st, payable to Mullins, for $108, purporting to be for rent for the place on which Mabry then lived. At the time of bringing the suit, Mullins wrote on the back of the note a relinquishment of all but one hundred dollars of the note. Two "bales of cotton…
1Opinion of the CourtWheeler, J.
Whether a plaintiff can entitle himself to an action in a Court of limited jurisdiction, by entering a credit or release, when done merely to bring the case within the jurisdiction, has been differently decided by different Courts. (Simpson v. McMillon, 1 Nott & Mc. 192, & n. a ; 2 Id. 487 ; Strob v. Uhrich, 1 Watts & Serg. 57 ; Grayson v. Williams, Walker, 208; Bird v. Nicholls, 2 Porter, 386 ; 5 Stew. & Port. 198.) It is at least questionable whether it can be done. But where learned Judges disagree, it would be an extremely harsh docti’ine to hold that an unlearned Justice of the Peace…
2Cases cited2 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Tate v. GilbertSupreme Court of Alabama · 1835
3Cited by4 opinions
- Pruitt v. TurnerCourt of Appeals of Texas · 1960
- Pruitt v. TurnerCourt of Appeals of Texas · 1960
- Tedford v. McWhorterCourt of Appeals of Texas · 1963
- Tedford v. McWhorterCourt of Appeals of Texas · 1963