17 Tex. 193 | Tex. | 1856
The appellee, Gregory, sued the appellant, Foreman, before a Justice, to recover an account. The plaintiff before the Justice, viz : Gregory, recovered judgment for thirty-nine dollars. The defendant Foreman removed the cause, by certiorari, to the District Court, and the plaintiff again had judgment, but for a less amount than before the Justice—being only for nineteen dollars and twenty-five cents; and he also had judgment for all the costs expended in both Courts.
Several errors are assigned. Those deemed material are—
1st. The refusal to dismiss, on motion, the cause, for the want of security for costs, and
2nd. In rendering judgment against the defendant, John W. Foreman, for the costs as well in the District Court as in that of the Justice of the Peace.
The next error is in rendering judgment against the defendant John W. Foreman, for the costs in both Courts. The mode in which judgment shall be rendered, on appeals brought from a Justice to the District Court, (and this applies also to
The evidence was conflicting, but there is .no ground to disturb the "judgment further than to apportion the costs. Ordered that the judgment be reformed.
Judgment reformed.