Public-domain · open source
OpenJurist

24 Tex. 242

Clark v. Snow

Texas Supreme Court

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Error from Dallas. Tried below before the Hon. Hat. M. Burford. This was a proceeding of forcible entry and detainer, commenced by P. R. Snow against J. M. Clark, in the court of a justice of the peace, where judgment was rendered against the plaintiff in error, who removed the case to the District Court, by a certiorari; and in the District Court, judgment was rendered against him, for the premises claimed, and for the sum of $31.50, for their rent.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

How this case has been cited

Cited by 4 later decisions — most recently December 1945

4 state decisions

101859186018701880189019001910192019301940decided

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.

View the full empirical analysis of this case →

Wheeler, C. J.

¶1It is assigned as error, that the court gave judgment for rent of the premises in question; and we are of opinion, that the objection to the judgment is well taken. In the complaint before the justice, there was no claim for rent. That claim was first made and allowed on the trial of the appeal in the District Court, which court had not jurisdiction of that subject-matter, and was forbidden to entertain it on the trial of the appeal. (Hart. Dig., Art. 714.)

¶2*243Moreover, the remedy for forcible entry and detainer, is dependent entirely on the statute, which prescribes the mode of procedure and the judgment which shall be rendered; that is, if for the plaintiff, that he have restitution of the premises, and costs. The statute evidently contemplates that no other matter will be put in litigation, in this action, than merely the right of possession. It is a summary remedy, provided to enable a party, upon whose possession another has entered by force, or against whom a tenant forcibly holds over after the termination of the lease, to have immediate restitution of the possession, without the necessity of resorting to an action upon the title. The provisions of the statute do not extend the remedy to other matters of dispute between the parties. The judgment for rent was unauthorized, and must be reversed and set aside. In the judgment for restitution of the premises, there is no error, and it is affirmed.

¶3Reversed and reformed.

/24/tex/242 · .json · Public domain