Yarbrough v. Chamberlin

Texas Commission of Appeals

Yarbrough v. Chamberlin

1 White & W. 632

CourtTexas Commission of Appeals

DecidedJune 22, 1881

DocketNo. 1029, Op. Book No. 2, p. 386

StatusPublished

This text of 1 White & W. 632 (Yarbrough v. Chamberlin) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yarbrough v. Chamberlin, 1 White & W. 632 (Tex. Super. Ct. 1881).

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Opinion

Opinion by

Watts, J.

§ 1122. Forcible entry and detainer; complaint in; requisites of. In a case of forcible entry and detainer the complaint did not show that the premises or any part thereof were situated in the justice’s precinct where the suit was instituted, nor that the relation of landlord and tenant existed between plaintiff and defendant. Held, that for the want of these averments the complaint was insufficient, and that the suit was properly dismissed by the justice of the peace, and that the appellee’s certiorari to the county court should likewise have been dismissed. [Cooper v. Marchbanks, 22 Tex. 1; Williams v. Ball, 52 Tex. 603.] The judgment of the county court refusing to dismiss the appellee’s certiorari and adjudging the possession of the premises to appellee was reversed and the suit dismissed.

Reversed and dismissed.

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Opinion by

Watts, J.

§ 1122. Forcible entry and detainer; complaint in; requisites of. In a case of forcible entry and detainer the complaint did not show that the premises or any part thereof were situated in the justice’s precinct where the suit was instituted, nor that the relation of landlord and tenant existed between plaintiff and defendant. Held, that for the want of these averments the complaint was insufficient, and that the suit was properly dismissed by the justice of the peace, and that the appellee’s certiorari to the county court should likewise have been dismissed. [Cooper v. Marchbanks, 22 Tex. 1; Williams v. Ball, 52 Tex. 603.] The judgment of the county court refusing to dismiss the appellee’s certiorari and adjudging the possession of the premises to appellee was reversed and the suit dismissed.

Reversed and dismissed.

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Bluebook (online)

1 White & W. 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbrough-v-chamberlin-texcommnapp-1881.

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