Wallerath v. Kapp

Citations

• 31 Tex. 359

Syllabus

<p>Under the 21st section of the act of 1866, organizing the county courts and conferring on them limited jurisdiction in certain cases, the right of appeal is given to the district court. (Acts 11th Leg., p. 48, sec. 21.) But the appeal had to be prosecuted within ten days or a better excuse given than that the party did not know the result of the suit.</p> <p>The constitution of 1866 gives to the district court power to issue the writ of certiorari and all other writs necessary to their general supervision and control over inferior tribunals. (Paschal’s Dig., Art. IV, sec. 6, p. 935.) But the legislature intended that an appeal should be the usual remedy.</p> <p>The writ of certiorari is. not strictly a writ of right in the sense that a party has an absolute right to have it issued for his benefit, but it is issued in the sound discretion of the court, and the court has the same right to dismiss it if it be wanting in merits.</p> <p>The county court act limits appeals coming from the county court, through the district court to this court, to controversies amounting to $200 and over. (Acts of 1866, sec. 21, p. 48.)</p>