Maass v. Solingsky

Citations

• 67 Tex. 290
• 3 S.W. 289
• 1887 Tex. LEXIS 866

Syllabus

<p>■ 1. Appeal from Justice’s Court.—It is from the transcript and papers which on appeal are required to be set up by a justice of the peace (Rev. Stats., art. 1640), that the district court can determine what the cause of action presented and tried before the magistrate was. Though the pleadings may have been oral, the statute requires that a brief statement showing their character shall be noted on the magistrate’s docket. (Rev. Stats., art. 1573.)</p> <p>3. Same.—On the appeal to the Supreme Court of a cause originating in a justice’s court, the Supreme Court can only be informed what the cause of action was by a transcript of the entries made on the magistrate’s docket, by pleadings, if any, which were filed in the case, or by an agreed case; ¡and unless informed by one of these methods, it will presume that the judgment of the district court was correct, and will affirm .it.</p>