Cayce v. Powell
Texas Supreme Court
Appeal from Brazoria. Tried below before Clinton Terry, Esq’r, appointed by the parties. This suit was commenced on the 22d December, 1856, by Hannah Cayce against Samuel G. Powell and Thomas Cayce, the husband of the said Hannah, to enjoin a judgment recovered at the Fall Term, 1854, by said Powell against the said Hannah and the said Thomas, in a suit on a note of the said Thomas, and in which said Powell alleged that the said note was given for necessaries for the said…
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Appeal from Brazoria. Tried below before Clinton Terry, Esq’r, appointed by the parties. This suit was commenced on the 22d December, 1856, by Hannah Cayce against Samuel G. Powell and Thomas Cayce, the husband of the said Hannah, to enjoin a judgment recovered at the Fall Term, 1854, by said Powell against the said Hannah and the said Thomas, in a suit on a note of the said Thomas, and in which said Powell alleged that the said note was given for necessaries for the said Hannah and the family of said Thomas, generally. It was admitted that both the said Hannah and the said Thomas had been…
1Opinion of the CourtWheeler, J.
The appellant had been duly served with process in person, and was represented in Court by her attorney, who filed her answer ; there is no averment or pretence of any want of diligence or fidelity to her interests on his part, or of any fraud or unfairness practised in the procurement or rendition of the judgment. It is not denied that the consideration of the note was necessary supplies furnished the appellant and her family. But the complaint is, that there was no bill of particulars furnished, and that she had not notice or knowledge of the particular charges, or supplies alleged to have…
2Cited by17 opinions
- Nichols v. DibrellTexas Supreme Court · 1884
- Metropolitan Life Ins. Co. v. PribbleCourt of Appeals of Texas · 1939
- Gamel v. City Nat. Bank of Colorado Tex.Texas Commission of Appeals · 1924
- Smith v. PegramCourt of Appeals of Texas · 1935
- Ladd v. LaddCourt of Appeals of Texas · 1966
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