
    Peters and Another v. Rhine & Brothers.
    "Where the District Court dismisses a petition on which a writ of prohibition had issued to a justice’s court, it is not competent to go on and affirm the judgment of the justice.
    Error from Red River. Tlie plaintiff in error filed his petition in the District Court, praying a writ of prohibition to restrain proceedings on a judgment recovered against him by the defendants in error before a justice of the peace. At the hearing tlie court dismissed the petition and proceeded to affirm; the judgment of the justice against the petitioner and his surety. This judgment of the court was assigned as error.
    
      Young 8f Morgan, for plaintiff in error.
   Wheeler, J.

It is not questioned that the petition was rightly dismissed. But, having dismissed tho petition, the court had no cognizance of the ease to-revise the merits of the judgment of the justice. The legal effect of that judgment was not impaired or affected by the action of tlie District Court. Hor was it competent for tho court to affirm it after having dismissed the petition, and, of consequence, the ease. The court could render judgment against the petitioner only for the costs of that proceeding. The judgment of affirmance must he reversed and set aside, and the judgment dismissing the petition and awarding costs against the petitioner affirmed; and the defendants in error are adjudged to pay the costs of this writ of error.

Reversed and reformed.  