Clair v. McGehee

Texas Supreme Court

Clair v. McGehee

22 Tex. 5

CourtTexas Supreme Court

DecidedJuly 1, 1858

StatusPublished

Cited by6 cases

This text of 22 Tex. 5 (Clair v. McGehee) 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

Clair v. McGehee, 22 Tex. 5 (Tex. 1858).

Pincite

Opinion

Roberts, J.

The court did not err in dismissing the petition for certiorari, upon motion:—because it does not state what was, or was not, in proof, as the foundation of the judgment rendered by the justice. As facts may have existed, which might have authorized such a judgment, on such claim, against both [7]*7husband and wife, we must presume in favor of the judgment, in the absence of any statement, as to what facts were in proof. (Milburn vs. Walker, 11 Tex. Rep. 330; Robinson vs. Lakey, 19 Tex. Rep.)

Judgment affirmed.

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Roberts, J.

The court did not err in dismissing the petition for certiorari, upon motion:—because it does not state what was, or was not, in proof, as the foundation of the judgment rendered by the justice. As facts may have existed, which might have authorized such a judgment, on such claim, against both [7]*7husband and wife, we must presume in favor of the judgment, in the absence of any statement, as to what facts were in proof. (Milburn vs. Walker, 11 Tex. Rep. 330; Robinson vs. Lakey, 19 Tex. Rep.)

Judgment affirmed.

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Bluebook (online)

22 Tex. 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clair-v-mcgehee-tex-1858.

Opinion

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