Carlee v. Smith

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

Error from Titus. Tlie plaintiff in error obtained a certiorari to remove to-the District Court of Titus county a judgment rendered by a justice of the peace of that county. His petition was sworn to before tlie clerk of the District Court of Harrison county. The defendant moved to dismiss, on tlie ground that the petition was not properly verified by affidavit. The court -usfainefi the motion and tlie defendant brought a writ of error.

Cited by 1 later decisions — most recently December 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

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Wheeler, J.

¶1The statute (Hart. Dig., art. 661) authorizes the clerks of the District Courts to administer oaths “ in all cases required in the discharge of the duties of their office; bnt the administration of the oath in this case was not an act required of the clerk of the District Court of Harrison county in tiie discharge of the duties of his office. It did not appertain to his official duties to take the affidavit to this petition for a certiorari to be issued and returnable in another county.

¶2Tiie objection to the affidavit was well taken, and the judgment must be affirmed.

¶3Judgment affirmed.