Nichols v. Page
Texas Supreme Court
Nichols v. Page, 34 Tex. 333 (Tex. 1871)
Walker
Nichols v. Page
Opinion of the Court
This was an action commenced in ‘.a justice’s court for a sum less than one hundred dollars. It was taken on certiorari to the district court, and the certiorari was dismissed.
The case is improperly before this court. By the twelfth section of the act of August 13,1870, the action of the district court Was final, and no appeal or writ of error can be brought to this .court. It makes no difference that the case was taken up on ceriiorari. The case is dismissed.
Dismissed.
Reference
- Full Case Name
- J. L. Nichols and another v. Susan Page
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- The act of August 13, 1870, section twelve, provides that “ all causes appealed from a justice’s court shall be tried de novo in the district court, and such trial shall be final, without appeal to the Supreme Court.” Held, that this provision applies as well to cases taken up from the justice’s courts to the district courts by certiorari, as to those taken up by appeal; and the judgments of the district courts being final in such cases, this court can acquire no jurisdiction of them, either by writ of error or by appeal.