Darby v. Davidson
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. George W. Smith. Suit by Davidson before a justice of the peace, to recover from Darby some $39, upon an account stated. Darby reconvened and obtained judgment against Davidson for $86, and costs. Davidson brought the case by certiorari to the District Court, where he recovered judgment for $31 25. The other facts appear in the opinion.
1Opinion of the CourtBell, J.
It is only necessary to the disposition of this case to say, that the court below erred in overruling the niotion to dismiss the petition and certiorari. One of the grounds of the motion was, “because it appears in the transcript of the proceedings had in this cause in the Justice’s Court, now on file, that said plaintiff, on the 4th day of July, A. D. 1855, dismissed his said suit.” In overruling the motion to dismiss the certiorari, the record discloses that the court below proceeded upon the idea that the transcript from the Justice’s Court could not properly be considered, but that the…
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