Clark v. Hutton
Texas Supreme Court
Appeal from Tarrant. The case was tried before Hon. Hat. M. Bureord, one of the district judges. The appellant, on the 6th of June, 1860, filed his petition for a certiorari, to bring before the District Court an action of forcible entry and detainer, in which the appellee, on the 1st day of the same month, had obtained judgment against him for the possession of one hundred and sixty acres of land.
Read the full summary
Appeal from Tarrant. The case was tried before Hon. Hat. M. Bureord, one of the district judges. The appellant, on the 6th of June, 1860, filed his petition for a certiorari, to bring before the District Court an action of forcible entry and detainer, in which the appellee, on the 1st day of the same month, had obtained judgment against him for the possession of one hundred and sixty acres of land. After stating the judgment, the petition proceeded as follows: “It was proved at said trial that said Hutton claimed said land by virtue of a patent issued by the authorities of the State of Texas…
1Opinion of the CourtSmith, J.
—The writ of certiorari is not granted as a matter of right; the application for it is addressed to the discretionary powers of the court, and it must be made to appear that the applicant has rights, or a valid defense, of which he has been deprived by the erroneous action of the justice of the peace, or that he has been unable to present them from no want of diligence or fault on his part.
The errors complained of should be distinctly stated, and not consist of mere irregularities in the proceedings.
A statement of all the facts proved should be embraced in the application, and, if he have…
2Cases cited3 opinions
- Hooks v. LewisTexas Supreme Court · 1856
- Givens v. BlockerTexas Supreme Court · 1859
- Johnson v. LaneTexas Supreme Court · 1854
3Cited by5 opinions
- A-1 Auto Body and Paint Shop, LLC v. Margaret McQuiggan, Texas Court of Appeals, 1st District (Houston)2013
- Llano Improvement & Furnace Co. v. AllenCourt of Appeals of Texas · 1893
- Linda Frank v. Brittany Square Apartments, Texas Court of Appeals, 14th District (Houston)2009
- Miner v. GoseCourt of Appeals of Texas · 1880
- Wilson v. GriffinTexas Commission of Appeals · 1881