Legal Opinion

Gothard v. Saunders

Court of Appeals of Texas

Decided May 12, 1967No. 16830PublishedCited by 3 opinions

1Opinion of the Court

OPINION

MASSEY, Chief Justice.

Texas Rules of Civil Procedure 93 “Certain Pleas To Be Verified”, (succeeding Article 2010 R.C.S. of Texas, 1925) provides: “A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit.

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“(h) Denial of the execution by himself or by his authority of any instrument in writing, upon which any pleading is founded, in whole or in part, and charged to have been executed by him or by his authority, and not alleged to be lost or destroyed. * * * In the absence of such a sworn plea, the…

2Cases cited3 opinions

  1. Fulshear v. RandonTexas Supreme Court · 1857
  2. Prince v. ThompsonTexas Supreme Court · 1858
  3. Close v. JudsonTexas Supreme Court · 1871

3Cited by3 opinions

  1. Pickering v. First Greenville National BankCourt of Appeals of Texas · 1972
  2. Hinn v. Continental National Bank of Fort WorthCourt of Appeals of Texas · 1973
  3. Nelson Mobile Homes, Inc. v. MoraceCourt of Appeals of Texas · 1972

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