Legal Opinion

Green v. Blalack

Texas Supreme Court

Decided July 1, 1860PublishedCited by 3 opinions

Appeal from Harrison. Tried below before the Hon. C. A. Frazer. This suit was brought by the appellant against the appellee on a due bill for thirty dollars, and an account for eleven dollars and eleven cents. Judgment in the Justice’s Court for the amount of the due bill against the defendant, who brought the case to the District Court by certiorari.

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Appeal from Harrison. Tried below before the Hon. C. A. Frazer. This suit was brought by the appellant against the appellee on a due bill for thirty dollars, and an account for eleven dollars and eleven cents. Judgment in the Justice’s Court for the amount of the due bill against the defendant, who brought the case to the District Court by certiorari. The .character of the case is not further shown, except by resorting to th e petition for certiorari, from which it seems that the defence relied on was a failure of consideration—the note or due bill having been given by Blalaek to Green as a…

1Opinion of the CourtRoberts, J.

The appellee recovered a judgment for costs in the court below, and here suggests delay without filing a brief. The appellant assigns no errors, but files a brief in which the charge of the court alone is discussed, which we cannot review, as there is no statement of facts. It is evident that this is not a proper case in which to entertain a suggestion of delay, as the appellee has recovered no amount to assess damages upon. There may be questions in the case which, if pointed out, discussed and •examined into by the parties, might require some consideration. The amount involved is thirty or…

2Cited by3 opinions

  1. Butler v. McSpaddenSupreme Court of Oklahoma · 1910
  2. Rudd v. WilsonSupreme Court of Oklahoma · 1912
  3. Nettograph Machine Co. v. Brown and TruebloodSupreme Court of Oklahoma · 1907

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