Jenks v. Jenks
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. In this suit, Mary Jenks, the appellant, after judgment in the court below, attempted an appeal. Ho appeal bond was executed, but there is, in the record, what purports to be an affidavit, made by Mary Jenks, before one M. H. Stephens, who signs his name “ M. H. Stephens, notary public, within and for Clark County, Iowa.”
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Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. In this suit, Mary Jenks, the appellant, after judgment in the court below, attempted an appeal. Ho appeal bond was executed, but there is, in the record, what purports to be an affidavit, made by Mary Jenks, before one M. H. Stephens, who signs his name “ M. H. Stephens, notary public, within and for Clark County, Iowa.” In this statement of Mary Jenks, thus made in the form of an affidavit before Stephens, she states that she is unable to give the bond and security for costs, required by law, to perfect her appeal. A motion…
1Opinion of the Court
Gould, Associate Justice.
Whilst the laws of this State empower notaries public of other States to take depositions, to take affidavits authenticating claims against estates, and to take the proof or acknowledgment of the execution of deeds, there is no statute conferring on such notaries a general power to administer oaths and take affidavits. (Gen. Laws, 15th Leg., p. 29, 107; Paschal’s Dig., art. 7418.) Such a power is not one of the incidents of the of ice of notary public, under the law-merchant, and, as it is mot, by our statutes, conferred on notaries of other States, the instrument…
2Cases cited1 opinion
- Bissel v. PriceIllinois Supreme Court · 1855
3Cited by5 opinions
- Rockhold v. Lucky Tiger Oil Co.Court of Appeals of Texas · 1927
- Kumpe v. GeeCourt of Appeals of Texas · 1945
- Latimer v. St. Louis Southwestern Railway Co.Court of Appeals of Texas · 1905
- Donovan v. LadnerCourt of Appeals of Texas · 1893
- Thames v. ChitwoodCourt of Appeals of Texas · 1900