Hail v. Magale

Opinion by

Willson, J.

§ 852. Certiorari is additional to and independent of an appeal. The remedy by certiorari is independent of the one by appeal, and additional thereto. It would often defeat the remedy entirely to require that an appeal should be resorted to, or good cause shown why it was not resorted to, before a party would be allowed to avail himself of the remedy by certiorari. In one case [Cotton v. Gammon, 4 Tex. 83] it was held that the petition for certiorari should show good cause why the applicant did not appeal. But this case has been overruled by subsequent decisions, and is…