Shelton v. Berry
Texas Supreme Court
Error from Ellis. Tried below before the Hon. John H. Reagan. Suit by plaintiff in error against defendant in error, on a note apparently barred by limitation ; the affidavit of authentication of the claim was made by Charles A. Warfield, who was not described as the agent of the holder, nor his means of information stated, nor did it appear that he had any connection with the matter.
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Error from Ellis. Tried below before the Hon. John H. Reagan. Suit by plaintiff in error against defendant in error, on a note apparently barred by limitation ; the affidavit of authentication of the claim was made by Charles A. Warfield, who was not described as the agent of the holder, nor his means of information stated, nor did it appear that he had any connection with the matter. The claim was rejected by the administrator, on the ground that it was barred by limitation. There were allegations of facts to take the case out of the Statute. When the claim was offered in evidence, the…
1Opinion of the CourtWheeler, J.
An affidavit is defined by Blackstone to be “ a voluntary oath before some Judge or officer of the Court, “ to evince the truth of certain facts.” (3 Bl. Com. 304.) In practice it means “ an oath or affirmation reduced to writing, “ sworn or affirmed before some officer who has authority to “ administer it.” (Bouv. L. Dic. “ Affidavit Burrill, and Tomlin, same title.) It must be in writing. Such is the requirement of the Statute. (Hartley’s Dig., Art. 1158.) But neither the Statute, nor any general principle of the law, requires that it be signed by the deponent. That does not enter into its…
2Cited by31 opinions
- Ex Parte Winfield ScottTexas Supreme Court · 1939
- Perkins v. CrittendenTexas Supreme Court · 1970
- Boren v. BillingtonTexas Supreme Court · 1891
- Ford v. Aetna Insurance CompanyCourt of Appeals of Texas · 1965
- Alford v. . McCormacSupreme Court of North Carolina · 1884
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