27 Tex. 432 | Tex. | 1864
It is only necessary to the disposition of this case to say, that the court below erred in overruling the niotion to dismiss the petition and certiorari. One of the grounds of the motion was, “because it appears in the transcript of the proceedings had in this cause in the Justice’s Court, now on file, that said plaintiff, on the 4th day of July, A. D. 1855, dismissed his said suit.” In overruling the motion to dismiss the certiorari, the record discloses that the court below proceeded upon the idea that the transcript from the Justice’s Court could not properly be considered, but that the court was confined to the petition itself. This was error. This court has repeatedly held, that upon a motion to quash or dismiss a certiorari, the District Court will always look to the transcript from the Justice’s Court in order to determine
Judgment reversed and cause dismissed.