Browne v. Rowe
Texas Supreme Court
Error from Bed Biver. The plaintiff below sued oil two notes, one of which was transferred to him by G. H. & B. 0. Bagby and the other by Geo.
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Error from Bed Biver. The plaintiff below sued oil two notes, one of which was transferred to him by G. H. & B. 0. Bagby and the other by Geo. H. Bagby, and after the usual allegations and prayer for judgment he alleged further that the defendant Browne pretended to havo an account against him, on which, for the purpose of vexation, the said Browne had ordered suit before a magistrate, knowing that the plaintiff’s claim, being over one'hundred dollars, could not he set up in that jurisdiction by way of reconvention or sot-off; and in order to prevent the manifest injustice that may he done…
1Opinion of the Court
Hejmphilu, Ch. J.
Various grounds have been assigned for error, but, as there is no objection to the amount of the judgment, the only question which I shall examine is whether, on the facts stated, there was any legal ground for the grant of the writ of prohibition.
This writ issues from a superior court, and is directed to tlie judge and parties in any suit in an inferior tribunal, commanding them to cease from tlie prosecution thereof, upon a suggestion that either tlie cause originally or some collateral matter arising therein does uot belong to that jurisdiction, but to the cognizance of…
2Cases cited1 opinion
- Mann v. CliftonIndiana Supreme Court · 1833
3Cited by10 opinions
- Holloway v. Fifth Court of AppealsTexas Supreme Court · 1989
- In Re Richardson, Texas Court of Appeals, 6th District (Texarkana)2008
- Atkins v. SnyderCourt of Appeals of Texas · 1980
- Cambpell v. StateTexas Supreme Court · 1861
- Angle v. ShinholtCourt of Appeals for the Fifth Circuit · 1937
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