Halsell v. McMurphy
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Clay County. Wilson v. Nance, 191 Humph., 11: “ The act of the clerk in omitting to state the name of one of the defendants in the margin of the entry can have no influence in the determination of the question who are or who are not properly defendants. Who are (such defendants), is a matter to be ascertained by reference to the process, pleadings, and proceedings in the suit.”
1Opinion of the Court
STAYTON, Chief Justice.
Inspection of the record shows clearly that the name “ Gabriel L. McMurphy,” found in the judgment entered, was simply a clerical mistake. The petition shows the true name, as well as the further fact that the action was brought against James L. Thompkins and Gilbert L. McMurphy as partners; and in addition to the judgment being entered against the McMurphy who was a defendant, that entry shows that the McMurphy against whom judgment was in fact rendered was only liable with Thompkins as surety on the note sued on, which was, in effect, the position of Gilbert L.…
2Cases cited3 opinions
- Alexander v. SternTexas Supreme Court · 1874
- Henderson v. BanksTexas Supreme Court · 1888
- Sanger Bros. v. Overmier & O'NeilTexas Supreme Court · 1885
3Cited by5 opinions
- Houston Oil Co. of Texas v. Village Mills Co.Texas Commission of Appeals · 1922
- Slaughter v. American Baptist Publication SocietyCourt of Appeals of Texas · 1912
- Greene v. ElerdingCourt of Appeals of Texas · 1927
- Sorter v. Newton State Bank & Trust Co.Supreme Court of Oklahoma · 1930
- Frerich v. HeringCourt of Appeals of Texas · 1912