McNeill v. Hallmark

Decided December 15, 1866

Texas Supreme Court · decided 1866-12-15

The case was tried before Hon. A. W. Terrell, one of the district judges. The appellant, on the 12th of January, 1861, presented his petition and obtained the order of the district judge for an ad interim injunction.

Good law ✅— No negative treatment on recordhow we know

Decided 1866-12-15

How this case has been cited

Cited by 4 later decisions — most recently January 1918

4 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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Donley, J.

¶1—The matter in controversy in this case is less than $100. The issuing of the writ and the service thereof on the defendant gave the justice of the peace, who •tried the cause, jurisdiction.

¶2 *159It is believed that the judgment of the justice was erroneous. The appellant might have corrected this error by certiorari from the District Court.

¶3That an injunction was not the remedy, is believed to have been settled by this court in the case of Fitzhugh v. Orton, 12 Tex., 5; Smith v. Ryan, 20 Id., 664; Rotzein v. Cox, 22 Tex., 65. The judgment is

¶4Affirmed.