Mays v. Lewis
Texas Supreme Court
Appeal from Guadalupe. The appellant filed his petition in the District Court ou tiie 28th day of November, 1848, praying an injunction to stay proceedings on a judgment rendered against him in favor of the appellee in a Justice's Court, and a certiorari to remove the cause to tiie District Court.
Read the full summary
Appeal from Guadalupe. The appellant filed his petition in the District Court ou tiie 28th day of November, 1848, praying an injunction to stay proceedings on a judgment rendered against him in favor of the appellee in a Justice's Court, and a certiorari to remove the cause to tiie District Court. The petition represents, in substance, that the judgment sought to be ■enjoined was for interest on a debt for which suit was then pending in the District Court, and to which suit the petitioner had filed his answer, denying the consideration of the notes sued on; that he had paid and satisfied the…
1Opinion of the CourtWheeler, J.
For the appellant, it is insisted that the court erred in dismissing the proceedings in the certiorari; and the propriety of this filling of the court is the only question presented for bur consideration.
Tiie act of 1848 (11 Stat., 297) provides that “ no writ of certiorari shall he “granted,” &c., “ unless the party applying for the same shall make an affidavit *2“in writing, setting forth sufficient canso to entitle him to such writ,” “and “no such writ shall he issued unless (lie, party applying shall first give bond “ with two or more sufficient sureties,” &e,. And tlie act further provides…
2Cited by6 opinions
- Adams v. WilliamsMississippi Supreme Court · 1910
- Fisher v. Union CountyOregon Supreme Court · 1903
- Waterous Engine Works Co. v. Village of ClintonSupreme Court of Minnesota · 1910
- King v. FrazerCourt of Appeals of Texas · 1885
- Miner v. GoseCourt of Appeals of Texas · 1880
1 more not listed; retrieve them via the Exa API.