33 Tex. 441
Decided July 1, 1870
Texas Supreme Court · decided 1870-07-01
Tried below before the Hon. Winston Bants. This was an injunction suit, in which the appellant was the-plaintiff. In his petition he represented that on the first day of [February, 1869, a judgment for costs was rendered in his favor by John II. Fowler, a justice of the peace, in a suit wherein the appellee was plaintiff and he, appellant, was defendant, which suit was then tried by a jury.
Decided 1870-07-01
¶1A questioijjof practice before a justice’s court is here presented.
¶2If the appellant had any grounds of complaint as to the method of granting a new trial before the justice of the peace, his appearance at the second trial was a waiver thereof.
¶3He makes no complaint of the judgment; at least he does not complain in the way and manner that authorizes us to interfere in it, wherefore the judgment of the district court is affirmed.
¶4Affirmed.