Dikes v. De Cordova
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. Suit by defendant in error against plaintiff in error, on a promissory note.
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Error from Gonzales. Tried below before the Hon. Fielding Jones. Suit by defendant in error against plaintiff in error, on a promissory note. Answer of payment and failure of consideration, to prove which defendants propounded interrogatories to the plaintiff, the answers to which were filed February 11th, 1855. October 23rd, 1855, it being the second day of the Term, defendants filed exceptions to certain of the answers to the interrogatories, and moved that the corresponding interrogatories be taken for confessed. Same day the case being called for trial, the defendants, upon the…
1Opinion of the CourtWheeler, J.
There manifestly is no error in the judgment. The certificate of the Notary shows that the answers of the plaintiff to the interrogatories propounded to him by the defendants, were sworn to and subscribed before the officer; and the certificate is strictly in conformity to the statute. (Hart. Dig. Art. 739.) The answers were filed more than a year before the trial; and the motion to reject certain of them, and take the interrogatories as confessed for the want of an answer, came too late. (8 Tex. R. 129.) ' The judgment is affirmed.
Judgment affirmed.
2Cited by2 opinions
- Bounds v. LittleCourt of Appeals of Texas · 1889
- Allen v. AtchisonTexas Supreme Court · 1863