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.…
1Opinion of the CourtBell, J.
The appellee, Anthony Holtz, sued the appellant in the court of a justice of the peace, and obtained a judgment. Miller, the present appellant, obtained a writ of certiorari, and removed the cause to the District Court. In the District Court, Miller obtained a rule for security for costs against Holtz, and at the next term of the court after the rule was made, Holtz having failed to give the security, the cause was dismissed from the docket, upon motion of Miller. After the cause was dismissed from the District Court, the magistrate, or, to be more particular, the successor in office of the…
2Cases cited1 opinion
- Foreman v. GregoryTexas Supreme Court · 1856
3Cited by11 opinions
- Spence v. FenchlerTexas Supreme Court · 1915
- Alabama Power Co. v. City of Fort PayneSupreme Court of Alabama · 1939
- Kleiber v. McManusTexas Supreme Court · 1886
- Fannin County v. HightowerCourt of Appeals of Texas · 1894
- Wells Fargo & Co. Express v. BilkissCourt of Appeals of Texas · 1911
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