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8 Tex. 274

Perdew v. Steadham

Texas Supreme Court

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

-Salt by the appellant against the appellee in a Justice’s ■Court for tlie value of a mare which belonged to the plaintiff and which the plain!iff alleged had been wrongfully killed by the defendant. Judgment for ■the plaintiff for $So.

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

How this case has been cited

Cited by 4 later decisions — most recently May 1930

4 state decisions

20185218601870188018901900191019201930decided

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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Lipscomb, J.

¶1This suit was originally instituted in a Justice’s Court and brought into the District by a certiorari. The petition on which the writ of certiorari was awarded showed no sufficient ground for granting it. What is required to be sworn to by a party in his petition to authorize the writ was fully discussed, and the correct rules laid down by this court in O’Brien v. Dunn, Ellett v. Moore, and Ford v. Williams. On the authority of these eases the certiorari ought to have been dismissed, on the motion of the plaintiff in the District Court, on the ground of its having been improvidently granted.

¶2The judgment is reversed and the cause dismissed, and a procedendo ordered to be issued from the District Court to the Justice’s Court.

¶3Reversed and dismissed.

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