Cowan v. Nixon

Citations

• 28 Tex. 230

Syllabus

<p>The 17th section of the 4th article of the constitution of 1845 declares, that justices of the peace shall have such civil and criminal jurisdiction as shall be provided by law. (Paschal’s Dig., p. 59, sec. 17, Note 187.)</p> <p>This does not define the power of justices of the peace, but leaves to the legislature to create and control their powers.</p> <p>Justices of the peace derive from legislative grant their entire jurisdiction, and they must exercise it in the manner and within the limits prescribed by the legislature.</p> <p>Courts established by written law cannot transcend the jurisdiction given them by the law of their creation.</p> <p>The 25th section of the act of 20th March, 1848, clearly defines the jurisdiction of justices of the peace as to subjects-matter; and the 30th section of the act clearly defines where persons shall be sued. (Paschal’s Dig., Arts. 1187, 1188, Notes 442, 443.) The general rules and the exceptions are here stated at full length. The exceptions must be strictly pursued. Other exceptions exist in other statutes, such as joint obligations and suits for forcible entry and detainer. (Paschal’s Dig., Arts. 1217, 1218, 3870.)</p> <p>But there is no statute in this State which expressly subjects a person residing in the State to a suit outside of his own county for damages to land.</p> <p>The eleventh exception to the 1st section of the act of May 13, 1846, regulating proceedings in the district courts, (Paschal’s Dig., Art. 1423,) cannot be extended by intendment to suits in justices’ courts for damages to land, so as to confer upon those courts a jurisdiction in such cases over a resident of a different county.</p> <p>It being contended that statutes treating of superior courts are also applicable to inferior ones, unless there be special' exceptions, or the nature of the case renders them inapplicable, it is hdd, that however this may be with regard to matters of practice, it is not true when sought to be applied to a question of