Legal Opinion

McNairy v. Castleberry

Texas Supreme Court

Decided July 1, 1851PublishedCited by 13 opinions

Error from Upshur.

1Opinion of the CourtLipscomb, J.

In this case the defendant in error brought suit against the plaintiff iu error ou a note of hand. The note is fully set out in the petition, showing' the amount, the date, and when due.

There was no defense, and judgment went by default against the defendant below.- Tineuteriug up the judgment the clerk evidently made a mistake, and entered it for a less amount than the petition and note showed to be due. Before any attempt was made to correct this mistake, the defendant in the court below sued out a writ of error for the purpose of bringing the case into tlris court.

The plaintiff below gave…

2Cited by13 opinions

  1. Williams v. PittsTexas Supreme Court · 1952
  2. Hahl v. KelloggCourt of Appeals of Texas · 1906
  3. Chestnutt v. PollardTexas Supreme Court · 1890
  4. Gulf, C. & S. F. Ry. Co. v. Atlantic Fruit DistributorsCourt of Appeals of Texas · 1916
  5. Andresen v. Lederer & StraussNebraska Supreme Court · 1897

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