Legal Opinion

Barnard v. Moseley

Texas Supreme Court

Decided December 15, 1866PublishedCited by 5 opinions

Error from Johnson. The case was tried before Hon. Hat. M. Burford, one of the district judges. The facts appear in the opinion of the court. The judgment was by default.

1Opinion of the CourtSmith, J.

—The defendant in error, Moseley, instituted this suit June 18,1860, and avers that Barnard “gave him his due-hill or instrument of writing, given helow by words and figures, as follows :

“ $577. Due Mr. William 'Moseley, April 9,1860, the sum of five hundred and seventy-seven dollars, the same being for beeves delivered to me at Brazos agency, Texas.
“Charles E. Barnard.”

Judgment by default was rendered for the amount of the note against Barnard, and he brings the case here by writ of error, and assigns as error that the petition shows no cause of action.

The instrument of writing is a written…

2Cases cited2 opinions

  1. Malone v. CraigTexas Supreme Court · 1858
  2. Blount v. RalstonTexas Supreme Court · 1857

3Cited by5 opinions

  1. Hall v. First Nat. Bank of JacksonvilleCourt of Appeals of Texas · 1923
  2. Morgan v. BaumCourt of Appeals of Texas · 1938
  3. Hall v. First Nat. Bank of JacksonvilleCourt of Appeals of Texas · 1923
  4. Ikard v. GreenCourt of Appeals of Texas · 1924
  5. Miles Realty Co. v. DodsonCourt of Appeals of Texas · 1928

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