Jones v. Ritter
Texas Supreme Court
Error from Galveston. Tried below before the Hon. James E. Shepard. The opinion of the court discloses the material facts of the case." With reference to the construction placed by this case on Art. 223, Paselial’s Digest, overruling Rhine v. Hart, 27 Texas, 94, it may be remarked that there is another case, Brooks v. Breeding, in this volume to the same effect.
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Error from Galveston. Tried below before the Hon. James E. Shepard. The opinion of the court discloses the material facts of the case." With reference to the construction placed by this case on Art. 223, Paselial’s Digest, overruling Rhine v. Hart, 27 Texas, 94, it may be remarked that there is another case, Brooks v. Breeding, in this volume to the same effect. In the present case the plaintiffs alleged in their petition that the defendant, Jones, was jointly indebted with Hiss Baker to Darling & Herriman, to the amount for which the latter executed the note sued on; and on this averment and…
1Opinion of the CourtWalker, J.
We are of opinion that the court erred in overruling the demurrers in this case.
The plaintiffs in error were the defendants below.
Suit was brought on a promissory note made by Eliza L. Baker for the sum of $424 68, payable to the order of Darling & Merriman, and dated January 1st, A. D. 1861, due six months from date, with ten per cent, interest per annum.
The petition was filed and suit commenced April 30th, 1867'., Mo averment is made in the petition of the insolvency, death or non-residence of the principal at the maturity of the note-. The statement of facts shows that she was living until…
2Cited by12 opinions
- King v. WiseTexas Commission of Appeals · 1926
- Green v. American Refining PropertiesCourt of Appeals of Texas · 1929
- People's State Bank v. Fleming-Morton Co.Court of Appeals of Texas · 1913
- Witt v. WilsonCourt of Appeals of Texas · 1913
- Williams v. National Bank of CommerceCourt of Appeals of Texas · 1933
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