Crist v. Parks
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. -John H. Reagan. Suit by appellant against appellee in a Justice’s Court. Certiorari by appellant. The affidavit to the petition for certiorari was certified by the officer, but not subscribed by the affiant. Exceptions were filed to the petition on several grounds, one of which was that the affidavit was not subscribed by the affiant. The exceptions were sustained, and the petition dismissed.
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Appeal from Anderson. Tried below before the Hon. -John H. Reagan. Suit by appellant against appellee in a Justice’s Court. Certiorari by appellant. The affidavit to the petition for certiorari was certified by the officer, but not subscribed by the affiant. Exceptions were filed to the petition on several grounds, one of which was that the affidavit was not subscribed by the affiant. The exceptions were sustained, and the petition dismissed. It appeared by the bill of exceptions, that before the exceptions were sustained, the plaintiff proposed to supply the defect in the affidavit, but the…
1Opinion of the CourtWheeler, J.
If the case is truly stated in the petition, it. does not admit of question that the Justice gave a wrong judgment, to the injury of the plaintiff, and he was entitled to his remedy.
It is objected that the affidavit of the truth of the petition is not signed by the party. The Statute does not prescribe *235signing as a requisite of the affidavit. (Hart. Dig. Art. 1758.) But we are referred, for the definition of an affidavit, to Bacon’s Abridgement, title “ Affidavit,” where it is said, “ An affidavit is an oath in writing, signed by the party deposing, sworn before and attested by him who hath…
2Cited by8 opinions
- Metcalf v. PrescottMontana Supreme Court · 1891
- Anderson v. Cochran, AdministratrixTexas Supreme Court · 1900
- Turpin v. Eagle Creek & Little White Lick Gravel Road Co.Indiana Supreme Court · 1874
- Davis v. SherrillCourt of Appeals of Texas · 1908
- Gill v. WardSupreme Court of Arkansas · 1861
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