Chapman v. Allen
Texas Supreme Court
Appeal from Gonzales. Trial of the right of property in two buggies and five horses, attached as the property of F. M. Chapman at the suit of the appellee, and claimed by the appellant, the wife of the said F. M. Chapman. The Sheriff appraised the property in bulk at $425, and the appellant gave bond, with sureties, in the usual form, without being joined or authorized by her husband.
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Appeal from Gonzales. Trial of the right of property in two buggies and five horses, attached as the property of F. M. Chapman at the suit of the appellee, and claimed by the appellant, the wife of the said F. M. Chapman. The Sheriff appraised the property in bulk at $425, and the appellant gave bond, with sureties, in the usual form, without being joined or authorized by her husband. An exception was afterwards filed by the appellant, claiming that the bond was void, on the ground that she was a married woman, and was not joined nor authorized by her husband. There was no entry made of any…
1Opinion of the CourtWheeler, J.
We are of opinion that the Court dicl not err in sustaining the plaintiffs’ exception to the deposition of the witness Nelson. The certificate of the officer, who was. commissioned to take the deposition, failed to conform in an essential particular, to the requirement of the statute. (Hart. Dig. Art. 727.) It is objected that notice of the exception was not given to the defendant’s counsel before the commencement of the trial. Rut this was not the ground of opposition to the exception in the Court below. It appears by the bill of exceptions, that “ the defendants resisted the objection on…
2Cited by49 opinions
- Tarver v. TarverTexas Supreme Court · 1965
- Philipowski v. SpencerTexas Supreme Court · 1885
- Graham v. FrancoTexas Supreme Court · 1972
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Veramendi v. HutchinsTexas Supreme Court · 1878
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