De Witt v. Monroe & Brother
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. On the 3d day of May, 1856, Monroe & Brother recovered judgment against Clinton E. De Witt, for $735 41, and costs of suit, to bear interest at ten per cent. May 7th, 1856, execution issued ; May 9th, levied on negro woman named Yiney and her child named Nelly; May 9th, returned not satisfied, by order of a writ of supersedeas, defendant in execution having sued out a writ of error.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. On the 3d day of May, 1856, Monroe & Brother recovered judgment against Clinton E. De Witt, for $735 41, and costs of suit, to bear interest at ten per cent. May 7th, 1856, execution issued ; May 9th, levied on negro woman named Yiney and her child named Nelly; May 9th, returned not satisfied, by order of a writ of supersedeas, defendant in execution having sued out a writ of error. The judgment being affirmed by the Supreme Court on the 29th of November, 1856, against said Clinton E. De Witt and his surety I. G. Jones, an…
1Opinion of the CourtRoberts, J.
The legal effect of the judgment of the Court in' this case is, to set aside the satisfaction entered on the execution by Monroe & Brother, who were the plaintiffs in execution, for the sum of five hundred and thirty-six -°vtj dollars. The record does not show any notice to defendants in the execution, C. E. De Witt and I. Gr. Jones, against whom an execution was ordered for that amount. Nor does the judgment recite that they appeared. The statement of facts was signed by their attorneys, and it is therein stated that notice of the motion “ was never served on I. Gr. Jones, one of the…
2Cited by17 opinions
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- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
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