Barnard v. Tarleton
Texas Supreme Court
Error from McLennan. Tried in 1875 before Hon. D. M. Prendergast. This suit was instituted by George Barnard pn a promissory note secured by a deed of trust, both executed by Max Gervais, one of the defendants.
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Error from McLennan. Tried in 1875 before Hon. D. M. Prendergast. This suit was instituted by George Barnard pn a promissory note secured by a deed of trust, both executed by Max Gervais, one of the defendants. The plaintiff in the same suit proceeded by sequestration against a certain brick kiln, Avhich plaintiff alleged was embraced in the deed of trust; and the petition alleged that certain parties, who were made defendants, viz., T. A. Johnson (who died pending the litigation, his death suggested, his widow and her subsequent husband, John Tarleton, being made parties), W. A. Fort, and G.…
1Opinion of the Court
Walker, P. J. Com. App.
The failure to make the defendant Gervais a party to this writ of error proceeding, and to cite him duly as such, and to comply with the law otherwise, by making the writ of error bond payable to him, alike with the other defendants in error, is fatal to the maintenance in the supreme court of this *404writ of error; and it therefore should be dismissed for the reasons given, and upon the authorities cited in their support, in the case of Thompson v. Pine, 55 Tex., 429.
The first and fourth grounds assigned as error are quite too general, vague and indefinite to require…
2Cases cited5 opinions
- Pearson v. FlanaganTexas Supreme Court · 1879
- Fisk v. WilsonTexas Supreme Court · 1855
- Jordan v. BrophyTexas Supreme Court · 1874
- Trammell v. McDadeTexas Supreme Court · 1867
- Thompson, Morris & Co. v. Pine & PoindexterTexas Supreme Court · 1881
3Cited by11 opinions
- Modern Woodmen of America v. AtchesonCourt of Appeals of Texas · 1919
- Crawford v. Beaver-Electra Refining Co.Court of Appeals of Texas · 1925
- Reilly v. HanaganCourt of Appeals of Texas · 1920
- King v. PondCourt of Appeals of Texas · 1926
- De Grazier v. CraddockCourt of Appeals of Texas · 1933
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