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48 Tex. 198

Blythe v. Deaton

Texas Supreme Court

Decided July 1, 1877

Texas Supreme Court · decided 1877-07-01

Tried below before the Hon. Green J. Clark. January 3, 1871, W. T. Blythe, with George and Terrell as sureties, executed his promissory note to the county of Hopkins for $100, due twelve months thereafter, for a frame building attached to the old jail-house, sold to Blythe by the sheriff, &c. October 13, 1871, one R. H. Beale, a justice of the peace, and presiding justice of said county, indorsed said note to C. Deaton.

Decided 1877-07-01

Gould, Associate Justice.

¶1The petition in this case asks the equitable interposition of the District Court to prevent the enforcement of a judgment of the County Court. It appears, from the averments of the petition, that the grounds on which that interposition is now sought were all set up and passed upon in the suit in the County Court, and that the petition in fact seeks to have the judgment of the County Court revised and corrected by the District Court.

¶2The Constitution does not confer on the District Court appellate or supervising powers over the County Court, except in matters of probate and guardianship. (Art. 5, sec. 8.)

¶3In ordinary civil suits, involving amounts within their respective jurisdictions, these tribunals are alike independent each of the other, and their respective judgments can only be reviewed or relieved against in the same court where rendered, or by a resort to the proper appellate tribunal. When a party states a case entitling him to the equitable interposition of a court against its own judgment, the erroneous refusal of relief is to he corrected only in the court having appellate jurisdiction.

¶4The District Court had no jurisdiction of the case, and did not err in sustaining exceptions to the petition. The judgment is affirmed.

¶5Affirmed.

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