The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1851-03-08

The complaint was the leading proceeding
in the case, r. verdict refers TO It and the
Judgment CONFORMS to II. We are bound
to presume that there was testimony sum
cient on that trinl to justify the verdict. 1t
has not been complained Of on that account.
/ The notice referred to as necessar, lcr the
susta.mcnt Of the action was mere mat
ter OF proof. which no doubt with every
thing which justified the finding Of the jury,
was uddnced. Therefore, there was no cr.
ror in the action Of the District Court. a
correct Judgment in the cause, hut proba
hiy for wrong reason. SAlLEs,
Attorney for Appellee.
OHriea ct al rs Dunn, from victoria.
Or,NsoS or ruE CouRr A. DELIVERED
Wy Lirs.oxn This suit was an action
for n lorcble entry aud detainer brought
by Dncn, the appellee, against The defend
ant, before u Justice OF the Peace for the
country Of Keiugio. There was verdict
a. judgment for The plaintiff; the defend
ant obtained n ccrtiorar from one OF the
Judges Of the District Court. aud the cause,
after the return Of the certiorari. was trans
ferred, by consent, TO the District Court
The Judge Of the District Court dismissed
the case, assigning ns reason for his de-
cision. that il WAS for want Of jurisdiction.
We have no doult' he Judge was influenced
BY misconccption Of the opinion OF this
Court in the case Of Titus Va I.attimer,
decided ut the last term Of this Court. lie
must have supposed that il had gone ~ far
a. to make the Judgment Of Justice OF inc
Peace final and conclusive on the parties,
from which there was no means left. to mn
injured party, to have redress 10 such inlu-
~. A reference to our opinion in that case
will show that 40 far from so ruling, we, ~
deciding TINT no appeal, a. a matter 81
right, could be given by act Of the Leg'sla-
turo, from the decision OF n Justice OF 'he
Pence, NJ the same time clearly pointed out
lhat M remeAv for the injury inflicted o"
the ,ary by the Proceedings before the
Justice, wa 10 be found IN the last member
OF the 10Th See. Of the 3,a Ant OF our State
Consultation. The sertene. reads NJ iol'
lows: 1.-THE Dis,no, tuuf' ehall have orig
/ inal eases, OF AL suits in behalf " the STATE
( to recover penalties, iorieiiures, aua es'
cheats, and Of all cases o. divorce, aut OF
all suits, complaints, and pleas Whasever,
without reynri to any distinction between
Inv and cnu;ty. when the matter in cont.o
,o,sv shal' be valued or amount to one
hundred dollars, exclusive Of interest aud
the said Court, and the Judges thereof,
sh,,l h,v. mower 10 issue all writs pccessa.
~ 10 enforce their own jurisdiction, aud to
give them general superintendent and
Control over inferior Jurisdictions"
ra. ;.;,, ae H.. c,,,, hcEsycJ that
"' ""Jo, ,,,,;". h.J J..a,.J tho mode.
's w H. ..,,,;,.l, /, sh,uld excrrie, n
'''' .,.,.,s,.,, .,d co,,rol oyc,
R'"e.'' e"r -. !, ,.,s NO, c,,..
"'''o' l"',a .si',... -, ,.,.;,,, am, a,
i@',"' 'o' .'' 49,. .,,,'..n. ,J,,,,.,,n,
a''"'. IL. WV ~, "A 80, H.. IAN, ~ so,ue
rom '"osc' ,'''s. =" ',,"a' H.. Tn,, ., nne
process issue" v''".' "v' ,, ' ~. ;,,".,ra,ed i,
" "e s"'s. ..,.;,. r,n,;,;., ~ Can't.
~ ,'"'"s 80; .,"h;I,,;on ;,ieer,ton.
sue" ~ ',,''o'".,; XIII ha ;nu,,,ed an
e'e' e'e' "s"' -" .';..a,Jnc, ~ an
p"'Y ny W !. -, H.. ,.,.,r.s.ai
,'ie'''' J"''s''I'e", A. raas,;,,,,;on \, .
- -" "frN ~ s, H. J,,, NJ, H.. Conn,
''NNN" y, '''' " and cou,
"","s Wv $50 ;.',.s,''s .d;e,;., hy ;t.pi
''oi o's' .uo" , '' ,is,.of ,,I;ne he mi
" o"e ~ ~ It's. If ,,,;, nnnrnnr;n,c IA
.'a''Ie, ""' aa,,,l-',a.d nf hy Tho injured
'"c injury .''"i Iana hv an anncal !,
parry " |" w.. w.. ,ha is'n.rc. Of , wr;, I'm,
W'a'" .o' w ~ ,,n,ld ~. ,hrow,
wv ,o"" 49,, ~. ,,,a cotton If tho Ju.,icc
." Wv IT.. - .rher. IL ma, n sin.
ms'""'- ~. ' ..r.i, i, H.. on;n;,n Of N,
~ sNf '.A..l !, md ,n.s;hlv 10 in
~"u',' 49, ,,'a T",,, hnd not N. inr;sd;c
.e'r'" '' a.. @'a 1T, ~ .om. nrocc... I,
"""' =, 10y w., .an,.,,I M iof..r;or ;ur;.dic
,:I.' Th.,. i. mnn;le,, error in the Cour
hs,"w i, Tho d;.mj.s.i a, the ease for wan
Of jurisdiction. bu, In Justice 10 The JnfgT
90. a,c hound 10 believe that his dccsio,
w,s mad, without, having the opinion o
,he cour, before him. II is one OF the in
cn,y.,i.n,c. and evil. that must rcsul
c-a,, no, h,v;n, the decisions Of the Su
,r . Gam, sa, nubli.hed. that the Jadg.
IF ,h. n.,r;ct Conr, has no other knowl
49," ~ ,h.m than what ia derived from
as,lod md sometimes uross,, misrepl,
snn,nJ account, Of ,l.m. |, Wy! no, lol
law however IA n necessary consequence
IN ,l,s ease. that The Judgment should b,
rs.ar.sa hscsuse the Judge was in errc
nn H.. "a.x,;on If jurisdiction. Ii the de
.,.;a" r.s rirh, IN law. the crroncou, rem
.cn ..sivucd hy the Judge in It's support
wnnld nj .irec, IL: tho decision woul,
ed. /, !. ,he decision. and no, the opiu
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