Beal's Adm'r v. Alexander
Texas Supreme Court
Error from Sabine. Tbe plaintiff in error as indorsee sued the defendant in error as indorser upon a promissory note as follows: “$3328 2S-100. Grenada, Miss., 10ih October, 1838. “The Bank of Grenada, Mississippi, will pay to the order of James Sims, esq., six months after date, with interest, after the first day of next month. November, at the counting-house of IV.
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Error from Sabine. Tbe plaintiff in error as indorsee sued the defendant in error as indorser upon a promissory note as follows: “$3328 2S-100. Grenada, Miss., 10ih October, 1838. “The Bank of Grenada, Mississippi, will pay to the order of James Sims, esq., six months after date, with interest, after the first day of next month. November, at the counting-house of IV. M. Beal, in the city of New Orleans, Louisiana, negotiable at. any bank in the United States, three thousand five hundred and twenty-eight dollars twenty-eight cents, for value received. “C. J. Wharton, Cashier. F. E. Plummer,…
1Opinion of the CourtAVhebler, J.
The assignment of errors seeks a revision of the ruling and judgment of the court—
lsf, in permitting the defendant to amend his answer by withdrawing the interrogatories by him propounded to the plaintiff, and, second, in *269striking out the last two counts in the amended petition, and thereupon sustaining the demurrer to tlie original and amended petition.
The' judgment oE tlie court upon the legal sufficiency oí tlie petition may first be considered; and should it then become materia], the other question may be, disposed oí.
1. Bid tlie court err in its judgment respecting the legal sufficiency…
2Cases cited1 opinion
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
3Cited by19 opinions
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- Standard Fire Insurance Co. v. Christy Jean Wand LaCokeTexas Supreme Court · 1979
- Stansberry v. StateCourt of Criminal Appeals of Texas · 2007
- Biffle v. Morton Rubber Industries, Inc.Texas Supreme Court · 1990
- Consolidated Furniture Company v. KellyTexas Supreme Court · 1963
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