Clair v. McGehee

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Error from Guadalupe. Tried before the Hon. Alexander W. Terrell. Suit was commenced before a justice of the peace by the defendant in error against the plaintiffs in error, on the 21st day of August, 1857 ; and on the 31st day of August, 1857, judgment was rendered in favor of the plaintiff against the defendants, for the amount of the note sued on, with interest, and all costs of suit.

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

How this case has been cited

Cited by 3 later decisions — most recently April 1914

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Roberts, J.

¶1The court did not err in dismissing the petition for certiorari, upon motion:—because it does not state what was, or was not, in proof, as the foundation of the judgment rendered by the justice. As facts may have existed, which might have authorized such a judgment, on such claim, against both *7husband and wife, we must presume in favor of the judgment, in the absence of any statement, as to what facts were in proof. (Milburn vs. Walker, 11 Tex. Rep. 330; Robinson vs. Lakey, 19 Tex. Rep.)

¶2Judgment affirmed.