Shipman v. Allee
Texas Supreme Court
Error from Victoria. The case was tried before Hon. Fielding Jones, one of the district judges. This suit was brought by the defendant in error against David Y. Portis, Eebecca Portis, and Daniel Shipman, alleging that David and Eebecca Portis executed to Ship-man three notes, set out in the petition, in consideration of the sale to them of a certain tract of land situated in Austin county, and that Shipman afterwards indorsed the notes to plaintiff, and prayed for judgment…
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Error from Victoria. The case was tried before Hon. Fielding Jones, one of the district judges. This suit was brought by the defendant in error against David Y. Portis, Eebecca Portis, and Daniel Shipman, alleging that David and Eebecca Portis executed to Ship-man three notes, set out in the petition, in consideration of the sale to them of a certain tract of land situated in Austin county, and that Shipman afterwards indorsed the notes to plaintiff, and prayed for judgment and enforcement of vendor’s lien. D. Y. Portis and Shipman answered, by a plea to the jurisdiction of the court, by a…
1Opinion of the CourtWillie, J.
A reversal of the judgment in this case is asked, upon the ground that a discontinuance was entered in the court below as to one of the principals upon a promissory note, and judgment at the same time taken against the other principal and the indorser. It is contended by the indorser, who prosecutes this writ of error, that as Rebecca Portis, the party as to whom the discontinuance was taken, was .in court by her plea in abatement, though no process was served upon her, and the notes sued on were joint in their character, a nolle prosequi could not he entered as to her, and judgment rendered…
2Cases cited3 opinions
- Austin v. JordanTexas Supreme Court · 1849
- Anderson v. DuffieldTexas Supreme Court · 1852
- Horton v. WheelerTexas Supreme Court · 1856
3Cited by7 opinions
- Haralson v. LangfordTexas Supreme Court · 1886
- Keithley v. SeydellTexas Supreme Court · 1883
- Tinkham v. WrightCourt of Appeals of Texas · 1914
- Adams v. AddingtonUnited States Circuit Court · 1883
- St. Louis, B. & M. Ry. Co. v. MorrisCourt of Appeals of Texas · 1923
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