Owsley v. Paris Exchange Bank
Texas Commission of Appeals
Error from Lamar. Tried below before the Hon. R. R. Gaines. This suit was brought at the fall term, 1876, of the district court of Lamar county by J. E. Roberts, cashier of the Paris Exchange Bank, against J. H. Owsley, individually, and also as executor of Ann J. Owsley, deceased, and S. B. Maxey, upon a promissory note alleged to have been executed by J. H. Owsley, one E. K. Owsley (who is not sued), S. B. Maxey, and Ann J. Owsley, deceased.
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Error from Lamar. Tried below before the Hon. R. R. Gaines. This suit was brought at the fall term, 1876, of the district court of Lamar county by J. E. Roberts, cashier of the Paris Exchange Bank, against J. H. Owsley, individually, and also as executor of Ann J. Owsley, deceased, and S. B. Maxey, upon a promissory note alleged to have been executed by J. H. Owsley, one E. K. Owsley (who is not sued), S. B. Maxey, and Ann J. Owsley, deceased. A copy of the note was filed with and made a part of the petition. Citation issued to the sheriff of Lamar county, commanding him to summon J. H.…
1Opinion of the CourtA. S. Walker, J.
Touching the matters relating to the merits, we only remark that the petition does not disclose that Ann Jane Owsley was a married woman, nor does the judgment so declare. There is no statement of facts. Such objection cannot be taken on appeal when not taken or apparent on the record below. Caldwell v. Brown, 43 Tex., 216.
The second assignment we do not deem material. The service of the two copies would have been useless.
The sufficiency of the citation raised by thé first assignment is the only question of importance in the record. The citation commanded the officer to summon J. H. Owsley to…
2Cases cited8 opinions
- Caldwell v. BrownTexas Supreme Court · 1875
- Crain v. GriffisTexas Supreme Court · 1855
- Heath v. FraleyTexas Supreme Court · 1878
- Battle v. EddyTexas Supreme Court · 1868
- Dikes v. Monroe & BrotherTexas Supreme Court · 1855
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