Hays v. Yarborough
Texas Supreme Court
Appeal from Smith. Tried below before Hon. John Gregg. Suit on a note payable to Yarborough & Ferguson, who are described in the petition as George Yarborough and Alfred W. Ferguson, late merchants trading under the firm, name and style of Yarborough & Ferguson. Judgment rendered as stated in the Opinion, which appellant assigns as error.
1Opinion of the CourtRobebts, J.
The petition states the names of the plaintiffs in full, and the judgment reads: “ This day came the party plaintiffs, by their attorneys,” &c.; and further on, “considered by the Court that plaintiffs Yarborough & Ferguson do have and recover,” &c., meaning the same Yarborough & Ferguson, without repeating their given names, who had been mentioned as plaintiffs in the petition.
It would be better in rendering a judgment to avoid all' such abbreviations ; still it is not perceived that we can determine that it is error in this case. It is believed to be a very common practice so to render…
2Cited by9 opinions
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- Taylor v. A. G. Branham & Co.Supreme Court of Florida · 1895
- Bendy v. W. T. Carter & Bro.Texas Commission of Appeals · 1929
- Hodges v. RobbinsCourt of Appeals of Texas · 1900
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