Cooper v. Marchbanks
Texas Supreme Court
Error from Ellis. Tried before the Hon. Nat. M. Burford. The petition for certiorari in tbis case was sworn to by H. D. Marchbanks, the defendant in error, on the 20th day of February, 1856, before Benjamin F. Hawkins, deputy clerk of the District Court of Ellis county, and the petition filed March 25th, 1856. On the 20th day of June, 1857, the plaintiff moved to dismiss the petition for certiorari: “ 1. Because it does not show to have been sworn to before any officer…
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Error from Ellis. Tried before the Hon. Nat. M. Burford. The petition for certiorari in tbis case was sworn to by H. D. Marchbanks, the defendant in error, on the 20th day of February, 1856, before Benjamin F. Hawkins, deputy clerk of the District Court of Ellis county, and the petition filed March 25th, 1856. On the 20th day of June, 1857, the plaintiff moved to dismiss the petition for certiorari: “ 1. Because it does not show to have been sworn to before any officer authorized to administer oaths; in not having any official seal attached thereto: 2. Because the petition purports to have…
1Opinion of the CourtBell, J.
This suit was originally instituted by Cooper, before a justice of the peace in the county of Ellis, under the statute of 1848, regulating proceedings in cases of forcible entry and detainer.
The justice gave judgment for the complainant, Cooper, and awarded a writ of restitution of the premises described in the complaint. The case was taken to the District Court' by writ *3of certiorari, and after various proceedings, the District Court rendered judgment that Cooper should take nothing by his suit. The ease is brought into this court by writ of error.
The complaint of Cooper, before the justice,…
2Cited by10 opinions
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