Smith v. Dunlavy
Texas Supreme Court
These appeals were from, several different counties, viz: Colorado, Washington, and Wharton, and the cases were tried before Hons. Benjamin Shropshire, George W. Smith, and John A. Buckholts, district judges. The notes all fell due on or about the 1st day of January, 1862. In the case of Glenn & Campbell v. Foote, the note matured August 1, 1862; and in this case the maker and one indorser made no defense, and judgment went against them by default.
Read the full summary
These appeals were from, several different counties, viz: Colorado, Washington, and Wharton, and the cases were tried before Hons. Benjamin Shropshire, George W. Smith, and John A. Buckholts, district judges. The notes all fell due on or about the 1st day of January, 1862. In the case of Glenn & Campbell v. Foote, the note matured August 1, 1862; and in this case the maker and one indorser made no defense, and judgment went against them by default. There were no protests for nonpayment, and no efforts to fix the liability of the indorsers by suits until after the close of the war, in 1865.…
1Opinion of the Court
Morrill, O. J.
—The legislature of 1840 passed an act repealing all laws in force prior to 1st September, 1836, *697with certain exceptions therein mentioned, and on the same day declared the common law of England to he the rule of decision. ■ What is meant by “the rule of decision,” we do not pretend to say, and we have cited the act (Arts. 804, 978) for the purpose of calling attention to the fact, that in the._adjudication of causes the ante-statute law of England forms the substratum, and the constitution and laws..of the United States', together with the constitution. and laws of this state,…
2Cases cited25 opinions
- The Brig Amy WarwickSupreme Court of the United States · 1862
- Brown v. United StatesSupreme Court of the United States · 1814
- Lessee of Livingston v. MooreSupreme Court of the United States · 1833
- People v. RectorNew York Supreme Court · 1838
- McCoy v. StateTexas Supreme Court · 1860
20 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harris v. StateCourt of Criminal Appeals of Texas · 1983
- Stratton v. JohnstonTexas Supreme Court · 1872
- Christian v. AustinTexas Supreme Court · 1872
- Burkett v. ScarboroughTexas Supreme Court · 1883
- Edmanson v. StateCourt of Criminal Appeals of Texas · 1911
2 more not listed; retrieve them via the Exa API.