Clair v. McGehee
Texas Supreme Court
Error from Guadalupe. Tried before the Hon. Alexander W. Terrell. Suit was commenced before a justice of the peace by the defendant in error against the plaintiffs in error, on the 21st day of August, 1857 ; and on the 31st day of August, 1857, judgment was rendered in favor of the plaintiff against the defendants, for the amount of the note sued on, with interest, and all costs of suit.
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Error from Guadalupe. Tried before the Hon. Alexander W. Terrell. Suit was commenced before a justice of the peace by the defendant in error against the plaintiffs in error, on the 21st day of August, 1857 ; and on the 31st day of August, 1857, judgment was rendered in favor of the plaintiff against the defendants, for the amount of the note sued on, with interest, and all costs of suit. The defendants obtained a writ of certiorari and supersedeas, removing said cause to the District Court. Petition for certiorari filed October 20th, 1857. The petition for certiorari set forth the institution…
1Opinion of the CourtRoberts, J.
The court did not err in dismissing the petition for certiorari, upon motion:—because it does not state what was, or was not, in proof, as the foundation of the judgment rendered by the justice. As facts may have existed, which might have authorized such a judgment, on such claim, against both *7husband and wife, we must presume in favor of the judgment, in the absence of any statement, as to what facts were in proof. (Milburn vs. Walker, 11 Tex. Rep. 330; Robinson vs. Lakey, 19 Tex. Rep.)
Judgment affirmed.
2Cited by6 opinions
- Caldwell v. BrownTexas Supreme Court · 1875
- Smith v. AllenTexas Supreme Court · 1866
- Lutterloh v. McIlhenny Co.Texas Supreme Court · 1889
- C. A. Elmen Co. v. GodseyCourt of Appeals of Texas · 1914
- Hayes v. BassCourt of Appeals of Texas · 1877
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