Burditt v. Howth
Texas Supreme Court
Error from "Washington. Tried below before the Hon. I. B. McFarland. April 3,1865, Mary A. Howth sued J. A. & M. 0. Burditt, and alleged that the “defendants are justly indebted to the petitioner upon two promissory notes, executed by defendants and delivered to your petitioner, both dated the 30th day of November, 1863, and due January 1, 1865; one for the sum of $850, and the other for the sum of $550, with interest at ten per cent, from January 1,1865; ” * * "* “that…
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Error from "Washington. Tried below before the Hon. I. B. McFarland. April 3,1865, Mary A. Howth sued J. A. & M. 0. Burditt, and alleged that the “defendants are justly indebted to the petitioner upon two promissory notes, executed by defendants and delivered to your petitioner, both dated the 30th day of November, 1863, and due January 1, 1865; one for the sum of $850, and the other for the sum of $550, with interest at ten per cent, from January 1,1865; ” * * "* “that defendants neglect and refuse to pay the same.” • Attachment was sued out and levied. No service of citation appears to have…
1Opinion of the Court
Moore, Associate Justice.
-The record does not show that any citation was ever issued to or served upon either of *471the original defendants. It is, however, insisted hy appellee that, as the judgment recited that all the defendants were duly served with process, the fact of service cannot he controverted, but must he presumed. In support of this proposition we are cited to the case of Curry v. York, 3 Tex., 357. But this ease has no application to a question such as is here presented. It merely holds thafi in the absence of a statement of facts, it will be presumed that the evidence was…
2Cases cited2 opinions
- Blossman v. LetchfordTexas Supreme Court · 1856
- Curry v. YorkTexas Supreme Court · 1848
3Cited by25 opinions
- Flynt v. City of KingsvilleTexas Supreme Court · 1935
- Fitch v. BoyerTexas Supreme Court · 1879
- Brazzel v. MurrayTexas Supreme Court · 1972
- Miller v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1915
- Carlton v. MillerCourt of Appeals of Texas · 1893
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