Cook v. Steel, Furrh & Co.
Texas Supreme Court
Error from Harrison. Tried below before the Hon. M. D. Ector. Steel, Furrh & Co. brought suit against G-. W. Carmichael and W. B. Cook, alleging that on April 19, 1873, Carmichael executed to plaintiffs—to secure them in a note for $37.50 due them by him, and “for any and all advances which might be made to said Carmichael by the said firm, and for all supplies advanced and furnished him during the year 1873—a mortgage upon all the cotton which said Carmichael should raise…
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Error from Harrison. Tried below before the Hon. M. D. Ector. Steel, Furrh & Co. brought suit against G-. W. Carmichael and W. B. Cook, alleging that on April 19, 1873, Carmichael executed to plaintiffs—to secure them in a note for $37.50 due them by him, and “for any and all advances which might be made to said Carmichael by the said firm, and for all supplies advanced and furnished him during the year 1873—a mortgage upon all the cotton which said Carmichael should raise upon the plantation specified in the mortgage; that the mortgage was recorded in Panola county on June 2, 1873; that the…
1Opinion of the Court
Reeves, Associate Justice.
It is shown that defendant Carmichael accepted service, and admitted, as appears from his written acknowledgment waiving service of the petition, that he had nothing to say why the plaintiffs should *56not recover. The same fact is recited in the judgment against him, and 'from this judgment he does not appeal, and his co-defendant and the appellant cannot be heard to • complain, because -the damages were assessed by the clerk without a jury, or to assign errors for him. The judgment' ascertained the amount due from Carmichael to appellees, and the foreclosing of the…
2Cases cited6 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Foster v. MartinTexas Supreme Court · 1857
- Herndon v. BremondTexas Supreme Court · 1856
- Hendrick v. CannonTexas Supreme Court · 1849
- McGee v. FitzerTexas Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Silberberg v. TrillingTexas Supreme Court · 1891
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Jones v. First Nat. Bank of OktahaSupreme Court of Oklahoma · 1924
- Welsch v. KeetonCourt of Appeals of Texas · 1926
- Brown v. PfoutsTexas Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.