Conner v. Mackey
Texas Supreme Court
Error from Colorado. Tried below before the Hon. James H. Bell. Suit by Daniel A. Conner against John Mackey, executor of W. H. Secrest and R. Autrey, on a note under seal. The case was in this Court, on appeal, at Galveston, 1857, and will be found reported in 18 Tex.
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Error from Colorado. Tried below before the Hon. James H. Bell. Suit by Daniel A. Conner against John Mackey, executor of W. H. Secrest and R. Autrey, on a note under seal. The case was in this Court, on appeal, at Galveston, 1857, and will be found reported in 18 Tex. R. 427. After it was remanded, the defendants made affidavit to the truth of the plea impeaching the consideration; and the case took the same course as upon the former trial, upon substantially the same evidence and same rulings of the Court. The facts are also apparent from the Opinion.
1Opinion of the CourtWheeler, J.
It is no objection to the taking of depositions, to be read upon the trial, that the defendant has not answered. He is allowed time to file his answer; but as he may be required to proceed to trial immediately after having answered, it is proper, and may be necessary, that he take steps in advance to obtain his evidence. His failure to do so, when he might have obtained it, would deprive him of the right to a continuance. (16 Tex. R. 656.)_
It indisputably appears by the evidence that the consideration of the note sued on was money won at a game with cards, called poker; and the question is,…
2Cases cited1 opinion
- Edgell v. M'LaughlinSupreme Court of Pennsylvania · 1841
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