Cummings v. Rice & Nichols
Texas Supreme Court
Error from Walker. Suit commenced Fall Term, 1852, by the defendants iu error against tbe plaintiffs in error oil a note dated March 5th, 1852, payable one day after date, signed b)' Cummings and alleged to have been indorsed same day to the plaintiffs by Tonsey, the payee. The petition gave the name of one of the defendants as U. S. Cummings. A citation was issued to Uriah S. Cummings, and was returned executed.
Read the full summary
Error from Walker. Suit commenced Fall Term, 1852, by the defendants iu error against tbe plaintiffs in error oil a note dated March 5th, 1852, payable one day after date, signed b)' Cummings and alleged to have been indorsed same day to the plaintiffs by Tonsey, the payee. The petition gave the name of one of the defendants as U. S. Cummings. A citation was issued to Uriah S. Cummings, and was returned executed. Cummings excepted to the citation and service, because it did not correspond to the petition. He also filed a general denial. Tonsey demurred generally, and filed a general denial.…
1Opinion of the CourtLipscomb, J.
In this case the appellants were sued in the District Court by the appellees upon a promissory note given by Cummings to Tousey and indorsed by l lie last named. Cummings writes his name to'the note H. S. Cummings. The petition names him as U'. S. Cummings; but the citation issued by the cleric names him as Uriah S. Cummings. This variance between the petition and the citation is supposed by the .appellants to be demurrable, and the overruling of this demurrer is assigned for error.
We have no doubt, that by the ancient common-law practice the petition would have been held bad, because the…
2Cited by16 opinions
- Louisiana & Arkansas Railway Co. v. BlakelyCourt of Appeals of Texas · 1989
- Texas Employers Ins. Ass'n v. SandersCourt of Appeals of Texas · 1954
- Johns v. NorthcuttTexas Supreme Court · 1878
- Gould v. StateCourt of Criminal Appeals of Texas · 1923
- I. G.N.R.R. Co. v. HowellTexas Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.