Faver v. Robinson
Texas Supreme Court
Error from Delta. Tried below before the Hon. W. B., Andrews. D. T. Bobinson brought suit in the District Court against John B. Favers, B. H. Bennett, and Frederick W. Miner on a promissory note executed by Faver, Bennett, and Miner, to Delta county, and by the county assigned to plaintiff, for lot Ko. 5, in block 17, of the town of Cooper, sold by the county authorities to said John B. Favers.
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Error from Delta. Tried below before the Hon. W. B., Andrews. D. T. Bobinson brought suit in the District Court against John B. Favers, B. H. Bennett, and Frederick W. Miner on a promissory note executed by Faver, Bennett, and Miner, to Delta county, and by the county assigned to plaintiff, for lot Ko. 5, in block 17, of the town of Cooper, sold by the county authorities to said John B. Favers. Judgment was asked for the amount of the note, and that the vendor’s lien upon said lot be enforced. Citation was issued, and service had on Favers and the other defendants. Judgment final by default…
1Opinion of the Court
Moore, Associate Justice.
The petition in this case does not warrant the judgment. Suit was brought against John B. Favers. The contract upon which the action is founded is alleged to have been made with Favers. The citation issued to Favers, and the sheriff’s return shows that Favers was the party upon whom it was served, while judgment is rendered against John B. Faver. Evidently, it cannot be said that there is such similarity in the name of the defendant, as shown by the petition and citation and in the judgment, as to make the doctrine of idem sonans applicable in this case. For does the…
2Cases cited2 opinions
- Cartwright v. ChabertTexas Supreme Court · 1848
- Tryon v. ButlerTexas Supreme Court · 1853
3Cited by27 opinions
- Uvalde Country Club v. Martin Linen Supply Co.Texas Supreme Court · 1985
- Cresap v. ManorTexas Supreme Court · 1885
- Union Pacific Corp. v. Legg, Texas Court of Appeals, 3rd District (Austin)2001
- Payne & Keller Co. v. WordCourt of Appeals of Texas · 1987
- Willis v. GayTexas Supreme Court · 1878
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