George Seeligson & Co. v. Wilson
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. Wm. TI. Burkhart. On the 21st day of October, 1879, appellants sued appellee on a note for $100, before Frank McGreal, a justice of the peace of precinct Ho. 2 of Brazoria county, and on the 19th day of January, 1880, they instituted another suit against appellee on another note for $130.39, in the same court.
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Appeal from Brazoria. Tried below before the Hon. Wm. TI. Burkhart. On the 21st day of October, 1879, appellants sued appellee on a note for $100, before Frank McGreal, a justice of the peace of precinct Ho. 2 of Brazoria county, and on the 19th day of January, 1880, they instituted another suit against appellee on another note for $130.39, in the same court. Certain credits were allowed on these notes, reducing them in the aggregate to less than $200. Ap■pe'llee pleaded certain counterclaims; also in reconventi'on for damages to his credit, etc. When the cause was called for trial appellants…
1Opinion of the Court
Watts, J. Com. App.
In acting upon a motion to quash or dismiss a certiorari, the district court will always look to the petition for the writ, and to the transcript from the justice’s court, in order to determine the merits of the motion. Darby v. Davidson, 27 Tex., 432; Jones v. Nold, 22,Tex., 379.
For a description of the judgment the bond refers to the petition for the certiorari, and upon reference to the petition the judgment of the justice of the peace is found to be therein fully described. By the fiat, the writ was awarded upon the condition that the bond should be given -in the amount…
2Cases cited2 opinions
- Rollison v. HopeTexas Supreme Court · 1857
- Darby v. DavidsonTexas Supreme Court · 1864
3Cited by7 opinions
- Lucas v. HarrisonCourt of Appeals of Texas · 1911
- McBurnett v. LampkinCourt of Appeals of Texas · 1907
- Lanning v. YarbroughCourt of Appeals of Texas · 1931
- Thomas v. Pure Oil Co.Court of Appeals of Texas · 1927
- Hall v. CollierCourt of Appeals of Texas · 1917
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