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The Texas Reports; Cases Adjudged in the Supreme Court Volume 30

The Texas Reports; Cases Adjudged in the Supreme Court Volume 30


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...before a justice of the peace for a breach of the bond. There was a judgment by the justice of the peace against the obligors in the bond for the sum of $45. A writ of oertiorari was prayed for and granted, and there was a trial de new in the district court. The suit upon the bond was instituted because the taker-up of the estray sold the same at his own house, instead of the court-house door, as the law required. here was a plea to the jurisdiction of the justice of the peace, on the ground that William Robinson, one of the obligors in the bond, was sued in another beat than the one in which he resided; but it nowhere appears in the record that the suit was in a beat in which none of the defendants resided. The supplementary act of the 20th March, 1848, provided, that where two or more persons are liable to be jointly sued before a justice of the peace, such suit may be brought before any justice of the peace in the precinct where either of the defendants niay reside. Pas. Dig. art. 1216. There was proof on the trial, in the district court, that the taker-up of the estray had paid to the county treasurer a 43 7 certain sum, as one-half of the proceeds of the sale of the estray; but there was no proof that the county court had consented to receive the amount paid in full discharge of the liability of the taker-up. On the contrary, it is shown that the county court, after inquiring into the sale, ordered suit to be instituted upon the bond of the taker-up for a violation of the law. The evidence does not warrant the verdict of the jury, and a new trial ought to have been granted. It is not shown, by anything in the record, for what amount the estray was actually sold, but it is agreed that the animal was worth'$45, and that the taker-up...


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Product Details
  • ISBN-13: 9781234148652
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 284
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 123414865X
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 513 gr


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