Davis v. Darling
Texas Supreme Court
Error from Fayette. Tried below before- the Hon. James H. Bell. Petition for certiorari, filed March 2d, 1855, as follows:— The petition of Socrates Darling, a resident citizen of the county and State aforesaid, respectfully showeth, that heretofore, to wit: on the- day of one John Davis, also a citizen of said county and State, instituted suit against your petitioner before IT.
Read the full summary
Error from Fayette. Tried below before- the Hon. James H. Bell. Petition for certiorari, filed March 2d, 1855, as follows:— The petition of Socrates Darling, a resident citizen of the county and State aforesaid, respectfully showeth, that heretofore, to wit: on the- day of one John Davis, also a citizen of said county and State, instituted suit against your petitioner before IT. C. Joiner, an acting Justice of the Peace in and for said county, for the sum of $60. Tour petitioner alleges that he did not reside in the precinct where the said suit was instituted, but lived in a precinct some 18…
1Opinion of the CourtRoberts, J.
The motion to dismiss the writ of error cannot prevail; for although the first petition and writ are defective, the second fully describes the judgment. The last writ was served in time.
The general exception made by the plaintiff in error, to dismiss the certiorari, should have been sustained. The only diligence, shown by Darling in his petition, in making his defence before the Justice, was in leaving a message for an attorney to attend to his case. He gave it no further attention, and was not present at the trial, and gave no excuse for his absence. The fact that the attorney was previously…
2Cited by4 opinions
- Brothers Department Store, Inc. v. BerenzweigCourt of Appeals of Texas · 1960
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Dempsey v. GibsonCourt of Appeals of Texas · 1936
- Hooser v. WolfeCourt of Appeals of Texas · 1930