Inge v. Benson
Texas Supreme Court
Appeal from Leon. After the allegation of the petitioner's belief as to the cause of his mistake, there was a parenthesis as follows : (though he cannot state this point with certainty, said copy being lost.) The petition contained an averment that the account sued on had no existence in justice, equity or law.
1Opinion of the Court
Hemphill, Ch. J.
The appellant applied fór a writ of cer-
tiorari on two grounds, viz : that he mistook the day of trial before the Justice’s Court, and did not attend; and second, that he was not indebted to the appellee. That his misapprehension of the day of trial arose, as he verily believes, from a mistatement of the day in the copy of the warrant served upon him, from which he was induced to believe that the trial would be on the succeeding Saturday of July, and not on the first day of the month.
The warrant, as transcribed by the Magistrate in his return, requires the defendant to appear…
2Cited by2 opinions
- Cordes v. KauffmanTexas Supreme Court · 1867
- Hail v. MagaleCourt of Appeals of Texas · 1883