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13 Tex. 18

Criswell v. Richter

Texas Supreme Court

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

<p>Mere irregularities, or errors, which have operated no prejudice to the right of the party, will not suffice as a ground for obtaining a certiorari. It must appear that the petitioner had a good cause of action or ground of defence, and that wrong or injustice has been done him in consequence of the error or irregularity complained of.</p>

Cited by 1 later decisions — most recently May 1920

1 state decisions

Key passage — most relied on by later courts

““It has been settled by repeated decisions of this court that a petition for a certiorari must disclose merits. It must appear that the petitioner had a good cause of action or ground of defense, and that wrong or injustice has been done him in consequence of the error or illegality complained of. Mere irregularities, or errors which have operated no prejudice to the right of the party, will not suffice as a ground for obtaining a certiorari.””

quoted by 1 later decision, including Schwind v. Goodman

Cited in Bouvier (1914)’s definition of “J.Q.B”

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-01

View the full empirical analysis of this case →

Wheeler, J.

¶1It has been settled by repeated decisions of this Court that a petition for a certiorari must disclose merits. It must appear that the petitioner had a good cause of action or ground of defence, and that wrong or injustice has been done him in consequence of the error or illegality complained of. Mere irregularities, or errors which have operated no prejudice to the right of the party will not suffice as a ground for obtaining a certiorari. (Hope v. Alley, 11 Tex. R. 260.)

¶2The petition in the present case does not disclose merits. It does not appear by its averments that the defendant had any valid defence to the action. There is no denial of the justice of the plaintiff’s demand, or of the defendant’s indebtedness and legal liability. In fine, it does not appear by the petition, admitting its allegations to be true, that the judgment of the Justice was not in accordance with the very right and justice of the case; and such as should have been rendered had not the errors complained of been committed. The petition therefore was rightly adjudged insufficient, and the judgment is affirmed.

¶3Judgment affirmed.

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