Brown v. Hunter
Texas Supreme Court
Error from Hays. Tried below before the Hon. J. P. Eichardson. Suit on a promissory note payable to A. J. Hunter, and signed by the plaintiffs in error. The petition described the plaintiff as he was named in the note sued on, and in other respects was in usual form of petition on promissory note by the payee and against the makers.
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Error from Hays. Tried below before the Hon. J. P. Eichardson. Suit on a promissory note payable to A. J. Hunter, and signed by the plaintiffs in error. The petition described the plaintiff as he was named in the note sued on, and in other respects was in usual form of petition on promissory note by the payee and against the makers. The sheriff’s return was as follows : “'Came to hand 26th March, 1872, and executed 30th April, 1872, by delivering to Joe F. Brown, in person, one of the defendants, a true and correct copy of this writ, together with the accompanying certified copy of…
1Opinion of the CourtOgden, P. J.
The petition in this case is certainly in-artistically drawn, without much regard to form or precedent, but we are inclined to hold it sufficient. The plaintiffs in error executed their note, payable to A. J. Hunter, and we think they should be bound according to their promise ; besides we are not informed that “A. J.” is not the full Christian name of plaintiff; and if so, then the petition is in full compliance with the statute in that respect.
The objection raised to the return by the sheriff upon the citation is untenable, as clearly decided in Cummings v. Rice et at., 9 Texas, 528; and in…
2Cases cited2 opinions
- Thomason v. BishopTexas Supreme Court · 1859
- Edmundson v. YatesTexas Supreme Court · 1860