Holt v. Wood

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Error from Hunt. Tried below before the Hon. William S. Todd. This was a suit, commenced by the plaintiff in error, against the defendant, before a justice of the peace, on an account under one hundred dollars, wherein there was a judgment in his favor for $44.50. The cause was removed to the District Court by certiorari, and upon a trial in that court, there was a verdict for the defendant in error. The judgment entered on this verdict, is given in the opinion of the court.

Cited by 2 later decisions — most recently May 1883

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

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Bell, J.

¶1The judgment of the court below in this cause was, that the defendant, James T. Wood, have, and recover of -the' plaintiff, Eliza Holt, all the costs in this behalf expended, &c. The decree does not dispose of the subject-matter of the controversy between the parties, and is not therefore, such a final judgment as will support an appeal, or writ of error. In conformity with the practice of this court, established by many decisions, the writ of error must be dismissed. (See Hanks v. Thompson, 5 Texas Rep. 6; Warren v. Shuman, Id. 441; Hancock v. Metz, 7 Id. 177 ; Bradshaw v. Davis, 8 Id. 344.) It-is ordered accordingly.

¶2Writ dismissed.