Legal Opinion

Saunders v. Brock

Texas Supreme Court

Decided October 15, 1867PublishedCited by 7 opinions

Error from G-uadaloupe. The ease was tried before Hon. R. L. Waddell, one of the district judges. As there was no assignment of errors, there must have been a suggestion of' delay, since the judge discusses the facts. (Paschal’s Dig., Art. 1591, hTote 618.) The facts are sufficiently set forth in the opinion.

1Opinion of the CourtLindsay, J.

In this case we can discover no error in the verdict and judgment in the district court. There is no assignment of errors in the record. The defendant sets up a defense in his answer which, if an exception had been taken to it by the plaintiff in the court below, (except as to $21,) which the answer alleges was embraced in the note sued on by mistake, would have been stricken out by the court by a proper ruling.

All the facts were known to the obligors at the time of the execution of the note sued on, according to the admission in his answer, except the $21, yet he executed it with the verbal…

2Cited by7 opinions

  1. Kuper v. SchmidtTexas Supreme Court · 1960
  2. Chalk v. DaggettTexas Commission of Appeals · 1924
  3. League v. RoganTexas Supreme Court · 1883
  4. Ablowich v. Greenville National BankCourt of Appeals of Texas · 1899
  5. Shaw v. LumpkinCourt of Appeals of Texas · 1922

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