Porter v. Buckholts

The action in this case was brought upon a promissory note, executed and delivered to the appellant in 1861, and payable the 1st day of January thereafter, and by *488Mm indorsed in blank to the appellee. The maker of the note being beyond the limits of the State, the holder brought this suit against the indorser on the 28th day of April, 1866. It is assigned as error that the diligence required to fix the liability of the indorser was not used by the holder, and the indorser is therefore released. . ■

The courts of the State were open, by the proclamation of the Provisional Governor of Texas, for…