McNeill v. Hallmark

Citations

• 28 Tex. 157

Syllabus

<p>A judgment of a justice of the peace for a sum within his jurisdiction, and after service of citation on the defendant, is merely erroneous and not void, although rendered on a promissory note which was not due when the suit was commenced, and although rendered before the expiration of five days after the service of citation upon the defendants, and although the plaintiff in the judgment answered that the judgment was void, and he wished it to he treated as a nullity. (Paschal’s Dig., Arts. 1187, 1189, Notes 442, 182.)</p> <p>The remedy of the defendant in such case is by certiorari to the district court, and an injunction will not lie. (Paschal’s Dig., Art. 468, Note 331, and Art. 3931, Note 924.)</p>