Covington v. Burleson
Texas Supreme Court
Error from Lampasas. The case was tried before Hon. Edward H. Vontress, one of the district judges. Covington sued Burleson and wife on their promissory note for $1,000, dated January 3, 1859, and payable January 1, 1861. The petition was filed on the 24th January, 1861. The petition represented, that “on the 3d day of January, A. D. 1859, W. B. Covington and S. C. Covington, his wife, both citizens of the county of Lampasas, and State of Texas, executed and delivered to…
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Error from Lampasas. The case was tried before Hon. Edward H. Vontress, one of the district judges. Covington sued Burleson and wife on their promissory note for $1,000, dated January 3, 1859, and payable January 1, 1861. The petition was filed on the 24th January, 1861. The petition represented, that “on the 3d day of January, A. D. 1859, W. B. Covington and S. C. Covington, his wife, both citizens of the county of Lampasas, and State of Texas, executed and delivered to your petitioner their joint promissory note in writing, in words and figures as follows, to wit: “ On or before the first…
1Opinion of the CourtSmith, J.
—The plaintiffs in error were sued in the court below upon a note executed by them, and judgment was rendered against them by default. They were not hound to appear or to notice the proceedings had then against them until they were duly served with proper citations and copies of petition. (Thompson v. Bishop, 24 Tex., 302.)
The citation must state the time of the holding the court at which the defendants may be cited to appear. (O. & W. Dig., Art. 409; Paschal’s Dig., Art. 1431, Note 543.) The time stated in the citation in this cause (“the second Monday after the tenth Monday in March, A. D.…
2Cases cited4 opinions
- Thomason v. BishopTexas Supreme Court · 1859
- Frosch v. SchlumpfTexas Supreme Court · 1847
- Anderson v. BrownTexas Supreme Court · 1856
- Neill v. BrownTexas Supreme Court · 1853
3Cited by46 opinions
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Bledsoe v. BarberCourt of Appeals of Texas · 1920
- Poe v. HallCourt of Appeals of Texas · 1922
- Gamel v. City Nat. Bank of Colorado Tex.Texas Commission of Appeals · 1924
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