Norris v. Rhodes
Texas Supreme Court
Appeal from Nacogdoches. Tried below before the Hon. A. W. 0. Hicks. Rhodes instituted a suit before a justice of the peace, against Norris; judgment was rendered against the plaintiff with costs of suit.
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Appeal from Nacogdoches. Tried below before the Hon. A. W. 0. Hicks. Rhodes instituted a suit before a justice of the peace, against Norris; judgment was rendered against the plaintiff with costs of suit. The plaintiff thereupon applied for and obtained a writ of certiorari, to remove said cause to the District Court; the petition alleged the defendant was justly indebted to plaintiff in. the sum of seventy-four dollars and fifty cents, due by account; that he instituted the suit' before the justice on the fourth day of April, 1857, and that the judgment as stated above was rendered against…
1Opinion of the CourtWheeler, C. J.
In Gunter v. Willis, we have recently decided that a petition for a certiorari is not amendable. It is unnecessary therefore, to re-examine that question. But it remains to consider, in this case, whether the proceeding was not maintainable upon the original petition; and we are of opinion that it was. The facts are not set out with the certainty which is desirable. But the petition shows with reasonable certainty, we think, that the plaintiff had a good cause of action, and that he was prevented from attending the trial and procuring the attendance of witnesses to make out his case by proof,…
2Cited by1 opinion
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