Roeser v. Bellmer
Texas Supreme Court
Appeal from Comal. Roeser brought suit against Bellmer, in a Justice’s Court, and obtained a judgment, from which Bellmer appealed to tho District Court. The District Court reversed the judgment of the justice of the peace, and dismissed the cause, at the costs of Roeser, on tire ground that the judgment had been rendered on a day on which the justice was not authorized to hold his court for such eases — it not being a term day. Roeser appealed.
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Appeal from Comal. Roeser brought suit against Bellmer, in a Justice’s Court, and obtained a judgment, from which Bellmer appealed to tho District Court. The District Court reversed the judgment of the justice of the peace, and dismissed the cause, at the costs of Roeser, on tire ground that the judgment had been rendered on a day on which the justice was not authorized to hold his court for such eases — it not being a term day. Roeser appealed. The District Court decided correctly, in dismissing the ease for want of jurisdiction ; hut tho judgment for costs' was erroneous. (Montalet v.…
1Opinion of the CourtLipscomb, J.
The District Court, according to the decision of this court in Titus v. Latimer, had no jurisdiction of the appeal, and the ease was properly dismissed on that ground; but tho court had uo authority to pass on the judgment of the justice of the peace. It maj^, however, he said that, as the case was dismissed, as it should have been, the reason influencing the judge cannot be material. This is true. If a correct decision of the case is made, a wrong reason given by the judge cannot affect it.
The only question seems to he, whether any judgment could have been rendered, even for costs. If it was…
2Cited by12 opinions
- City of Garland v. LoutonTexas Supreme Court · 1985
- Timmins v. Bonner & LongTexas Supreme Court · 1883
- Texas Employers' Ins. Ass'n v. HoehnCourt of Appeals of Texas · 1929
- Parker v. WattCourt of Appeals of Texas · 1915
- Maxwell v. Cardinal Petroleum Corp.Court of Appeals of Texas · 1970
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