Hill v. Faison
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. George W. Smith. The appellant, John Wallace Hill, on the 2d of March, 1859, filed his petition under oath to the District Court of Fayette county, alleging in substance that on May 9th, 1853, William B, Price obtained from said court an allowance of fifty dollars for services alleged to have been rendered by him as guardian ad' litem for one Wallace Hill, one of the defendants in a certain suit which had been finally decided…
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Appeal from Fayette. Tried below before the Hon. George W. Smith. The appellant, John Wallace Hill, on the 2d of March, 1859, filed his petition under oath to the District Court of Fayette county, alleging in substance that on May 9th, 1853, William B, Price obtained from said court an allowance of fifty dollars for services alleged to have been rendered by him as guardian ad' litem for one Wallace Hill, one of the defendants in a certain suit which had been finally decided at the Fall Term, 1852, of said court; which allowance petitioner charges was void for want of jurisdiction of the court…
1Opinion of the CourtBell, J.
It is assigned as error that the court below sustained the motion to dismiss the certiorari, and also proceeded to dismiss the whole case. The petition for certiorari not only sought to annul the judgment rendered by the justice of the peace, but also embraced a claim for damages resulting from the sale of the land. This was improper. The office of a writ of certiorari is simply to bring up to the District Court, from the justice’s court, the case tried by the justice, that it may be tried de novo by the District Court. It is not proper to connect the suit before the justice with any other…
2Cited by20 opinions
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Mabee v. McDonaldTexas Supreme Court · 1915
- Moore v. MillerCourt of Appeals of Texas · 1913
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
- Byrnes v. SampsonTexas Supreme Court · 1889
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