Gray v. Maddox

Citation5 Tex. 528
PartiesGRAY v. MADDOX.
Decision Date01 January 1851
CourtTexas Supreme Court
OPINION TEXT STARTS HERE

The case of Titus against Latimer a precedent for this case.

Where the District Court entertains a case over which it has no jurisdiction, the Supreme Court will reverse and dismiss.

Appeal from Walker.

HEMPHILL, Ch. J.

The appellee recovered judgment before a justice of the peace, and on appeal to the District Court judgment was again rendered in his favor. On the case presented by the record this must necessarily have been affirmed had it not been determined that the District Court has no jurisdiction over such cases. In conformity with the principle settled in the case of Titus v. Latimer, it is ordered that the judgment of the District Court be reversed, and that the cause be dismissed.

Reversed and dismissed.

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10 cases
  • Fulton v. Finch
    • United States
    • Texas Supreme Court
    • May 24, 1961
    ...over the void proceedings to declare their invalidity and set them aside'-citing Roy v. Whitaker (Tex.Civ.App.) 50 S.W. 491, 498; Gray v. Maddox, 5 Tex. 528; Aycock v. Williams, 18 Tex. (392) 395. To the same effect is the decision in Leslie v. Griffin (Tex.Com.App.) 25 S.W. (2d) There seem......
  • Roy v. Whitaker
    • United States
    • Texas Court of Appeals
    • March 10, 1898
    ...least; and it has often occurred that appeals have been entertained merely to reverse for want of jurisdiction in the court a quo. Gray v. Maddox, 5 Tex. 528; Roeser v. Bellmer, 7 Tex. 1; Salmon v. Downs, 55 Tex. 241; Munson v. Newson, 9 Tex. 109. We think that, as this was one of the objec......
  • Pearson v. State
    • United States
    • Texas Supreme Court
    • July 9, 1958
    ...declare them so, and to set them aside. Williams v. Steele, 101 Tex. 382, 108 S.W. 155; Roy v. Whitaker, Tex.Civ.App., 50 S.W. 498; Gray v. Maddox, 5 Tex. 528; 3 Tex.Jur. p. 130.' It seems much simpler to regard judgments rendered under both Sections 6 and 7 of Article 3266 as appealable ju......
  • Matlock v. Williams
    • United States
    • Texas Court of Appeals
    • April 20, 1955
    ...invalidity and set them aside.' Williams v. Steele, 101 Tex. 382, 108 S.W. 155, 157; Roy v. Whitaker, Tex.Civ.App., 50 S.W. 491; Gray v. Maddox, 5 Tex. 528; Aycock v. Williams, 18 Tex. 392, 395; Leslie v. Griffin, Tex.Com.App., 25 S.W.2d 820. We are satisfied from those authorities that thi......
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