Home/Texas Supreme Court/Burdett v. State

Burdett v. State

9 Tex. 43
CourtTexas Supreme Court
DecidedJuly 1, 1852
StatusPublished
Cited by23 cases

This text of 9 Tex. 43 (Burdett v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burdett v. State, 9 Tex. 43 (Tex. 1852).

Opinion

Lipscomb, J.

The only question presented is t.lie sufficiency of the bar of a former recovery as pleaded by the appellant. We have no doubt that the judgment of the District Court overruling tlie appellant’s demurrer to the replication of the State is correct. It is founded on tlie well-established rule that in a ease of concurrent jurisdiction in different tribunals the court first exercising jurisdiction rightfully acquires the control of the case io the exclusion of the other. After (lie indictment had been found tlie justice of the peace had no jurisdiction, and liis action thereon was a nullity. The judgment is affirmed.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Marty Berry and Axis Midstream Holdings, LLC v. the State of Texas
Court of Appeals of Texas, 2025
A.J.P. Oil Company, LLC D/B/A Grapeland Fuel & BBQ, and Andrew J. Patton v. Velvin Oil Company, Inc.
Court of Appeals of Texas, 2015
Joseph v. Elliott
345 S.W.2d 297 (Court of Appeals of Texas, 1961)
Ex Parte Lee Lillard
314 S.W.2d 800 (Texas Supreme Court, 1958)
Guaranty Building & Loan Co. v. Nowell
76 S.W.2d 830 (Court of Appeals of Texas, 1934)
Glenn v. Connell
74 S.W.2d 451 (Court of Appeals of Texas, 1934)
Way Way v. Coca Cola Bottling Co.
29 S.W.2d 1067 (Texas Supreme Court, 1930)
Cleveland v. Ward
285 S.W. 1063 (Texas Supreme Court, 1926)
Long v. Long
269 S.W. 207 (Court of Appeals of Texas, 1925)
Priddy v. Business Men's Oil Co.
241 S.W. 770 (Court of Appeals of Texas, 1922)
Village Mills Co. v. Houston Oil Co. of Texas
191 S.W. 723 (Court of Appeals of Texas, 1916)
Miller & Vidor Lumber Co. v. Williamson
164 S.W. 440 (Court of Appeals of Texas, 1914)
Thomas Goggan & Bros. v. Morrison
163 S.W. 119 (Court of Appeals of Texas, 1913)
State v. Chinault
55 Kan. 326 (Supreme Court of Kansas, 1895)
Williams v. State
20 Tex. Ct. App. 357 (Court of Appeals of Texas, 1886)
Bradley v. State
32 Ark. 722 (Supreme Court of Arkansas, 1878)
Maher v. State
53 Ga. 448 (Supreme Court of Georgia, 1874)
Mize v. State
49 Ga. 375 (Supreme Court of Georgia, 1873)
Horan v. Chief Justice of Travis County
27 Tex. 226 (Texas Supreme Court, 1863)

Cite This Page — Counsel Stack

Bluebook (online)
9 Tex. 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burdett-v-state-tex-1852.