O'Conner v. Silver
Texas Supreme Court
Error from Galveston. Tried below before the Hon. P. W,Gray. * This suit was instituted by Silver, the defendant in error, to the Spring term, 1857, of the Galveston District Court, against the plaintiff in error, and John S. Rhea.
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Error from Galveston. Tried below before the Hon. P. W,Gray. * This suit was instituted by Silver, the defendant in error, to the Spring term, 1857, of the Galveston District Court, against the plaintiff in error, and John S. Rhea. The petition alleged that the defendants were indebted to the plaintiff in the sum of $340 56, and also $2 50, cost of protest, together’ with interest from December 11,1848: “For that, heretofore, to wit, at a district court commenced and holden within and for the county of Galveston, at Galveston, at the Fall Term thereof for said year, 1848, your petitioner…
1Opinion of the CourtWheeler, C. J.
We are of opinion that the court erred in overruling the objections to the evidence offered to contradict the1 return upon the alias execution, for two reasons: 1st. There was no foundation laid for the introduction of the evidence in the petition ; 2d. It was not competent to contradict the return by parol’ evidence after so great a lapse of time.
The correction of the return, if erroneous, was- the subject of a direct proceeding for that purpose, ill which the groitnd Upon which the correction was asked must have been disclosed so as to-give notice to the defendant to enable him to come…
2Cited by2 opinions
- Galveston, H. & S. A. R. R. Co. v. Pfeuffer & IrelandTexas Supreme Court · 1881
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890