Siese v. Malsch
Texas Supreme Court
Error from Colorado. Tried below before the Hon. Livingston Lindsay. Suit brought January 13, 1813, by Malsch against Ferdinand Siese, and his wife, Juliane Siese, formerly Juliane Stollé, on a promissory note of $151.13, dated September 10, 1868, payable to the plaintiff, and made by Mrs. Siese, one of the defendants, before her marriage with her co-defendant, and signed by her under her name, as it was before marriage.
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Error from Colorado. Tried below before the Hon. Livingston Lindsay. Suit brought January 13, 1813, by Malsch against Ferdinand Siese, and his wife, Juliane Siese, formerly Juliane Stollé, on a promissory note of $151.13, dated September 10, 1868, payable to the plaintiff, and made by Mrs. Siese, one of the defendants, before her marriage with her co-defendant, and signed by her under her name, as it was before marriage. The petition also declared on a note of $55.05, given by the defendant, Ferdinand Siese, to the plaintiff, after his marriage with Mrs. Juliane Siese, formerly Stolle. The…
1Opinion of the Court
Walker, Commissioner.
W here the appellant assigns no error of which he complains, the supreme court will consider such only, as appear from the record, that go to the foundation of the action—the right of the plaintiff to recoyer upon the cause of action relied on by him to sustain the judgment which is appealed from. If the objections go to the merits and foundation of the action, so that upon the case made by the pleadings the party has no right to the judgment, such objections will be considered, whether assigned as error or not. 1 Tex., 529; 16 Tex., 13; 17 Tex., 47; 10 Tex., 33; 11 Tex.,…
2Cases cited6 opinions
- Salinas v. WrightTexas Supreme Court · 1854
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- York v. McNuttTexas Supreme Court · 1856
- Price v. WileyTexas Supreme Court · 1857
- Wetmore v. WoodhouseTexas Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ramsey v. DunlopTexas Supreme Court · 1947
- State v. StoneCourt of Appeals of Texas · 1954
- Clement v. First National BankTexas Supreme Court · 1926
- Holsomback v. TaylorCourt of Appeals of Texas · 1933
- Wright v. JonesCourt of Appeals of Texas · 1909
4 more not listed; retrieve them via the Exa API.