Rollison v. Hope
Texas Supreme Court
Error from Colorado. Tried below before the Hon. James H. Bell. Petition by defendant in error, for a certiorari to a Justice’s Court.
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Error from Colorado. Tried below before the Hon. James H. Bell. Petition by defendant in error, for a certiorari to a Justice’s Court. The petition was sworn to before the Cleric of the District Court of Colorado county, was to the effect “ that the “ material facts as set forth in the foregoing petition, are true “ as they have come to his own knowledge ; and the information “ of others concerning the facts, which has come to his knowledge, he believes to be true in like manner.” The petition purported to detail the evidence introduced by each party in the Justice's Court, but did not say,…
1Opinion of the CourtWheeler, J.
The Court did not err in overruling the motion to dismiss the petition.
That the affidavit may be made before the Clerk of the Court in which the suit is instituted, has been heretofore decided.
The affidavit is not in the most approved form. But a substantial compliance with the law is all that is required; and the law does not prescribe the terms of the affidavit; but only that the party applying shall make affidavit in writing, setting forth sufficient cause to entitle him to the writ. (Hart. Dig., Art. 1753.) The practice has been to construe these proceedings liberally ; and not to require…
2Cases cited6 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Cleaton v. ChamblissSupreme Court of Virginia · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Goggin v. State Nat. Bank of El PasoCourt of Appeals of Texas · 1913
- Brown v. ForeTexas Commission of Appeals · 1929
- Clark v. GillespieTexas Supreme Court · 1888
- Villiers v. Republic Financial Services, Inc.Court of Appeals of Texas · 1980
- Olshan Lumber Company v. BullardCourt of Appeals of Texas · 1965
21 more not listed; retrieve them via the Exa API.