Hoffman v. Cage
Texas Supreme Court
Error from Harris. The case was tried before Hon, Benjamin Shropshire, one of the district judges. The suit was upon a note. The petition was filed 25th ¡November, 1861. Citations were issued 17th ¡November, 1865, and served next day upon ¡Riorden. Riorden and Hoffman appeared 27th November, 1865, and filed demurrer. Mr. Masterson filed a demurrer and pleas for defendants, which were sustained on the ground of variance, and the plaintiff took a non-suit.
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Error from Harris. The case was tried before Hon, Benjamin Shropshire, one of the district judges. The suit was upon a note. The petition was filed 25th ¡November, 1861. Citations were issued 17th ¡November, 1865, and served next day upon ¡Riorden. Riorden and Hoffman appeared 27th November, 1865, and filed demurrer. Mr. Masterson filed a demurrer and pleas for defendants, which were sustained on the ground of variance, and the plaintiff took a non-suit. The non-suit was afterwards set aside. The subsequent facts are stated in the opinion of the court.
1Opinion of the CourtLindsay, J.
—The judgment rendered in this case was most obviously, in legal contemplation, nothing but an attempt to give a judgment upon confession, so far as the plaintiff in error is concerned. The suit was originally instituted against the maker and indorser of a note. There was an impetration and service of the writ, or citation, upon the maker of the note; but no citation was ever sued out and served upon the indorser. In consequence of a variance between the note offered in proof at the trial and the allegations in the petition, the plaintiff in the court below suffered a non-suit. Although an…
2Cited by6 opinions
- Hamilton v. HamiltonCourt of Appeals of Texas · 1920
- Anderson v. AndersonCourt of Appeals of Texas · 1985
- Turman v. TurmanCourt of Appeals of Texas · 1932
- Brown v. ArnoldU.S. Circuit Court for the District of Western Missouri · 1904
- East Texas Fire Ins. v. TempletonCourt of Appeals of Texas · 1888
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