Legal Opinion

Bradshaw v. Davis

Texas Supreme Court

Decided July 1, 1854PublishedCited by 16 opinions

Error from Marshall. Action by James Bradshaw against the defendants in error, Wiley Davis, William G. Davis and John T. Davis, commenced Sept. 12th, 1844, on a sealed note of the defendants’ for two hundred and eleven dollars and fifty cents, dated March 12th, 1842, and payable to the plaintiff on or‘before the 25 th of December, next thereafter.

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Error from Marshall. Action by James Bradshaw against the defendants in error, Wiley Davis, William G. Davis and John T. Davis, commenced Sept. 12th, 1844, on a sealed note of the defendants’ for two hundred and eleven dollars and fifty cents, dated March 12th, 1842, and payable to the plaintiff on or‘before the 25 th of December, next thereafter. Fall Term, 1844, answer filed, as follows, (after a general demurrer, and that they were not indebted,) And for further plea and answer, said defendants say that said plaintiff ought not to have and maintain his aforesaid action against them,…

1Opinion of the CourtWheeler, J.

The grounds relied on for a reversal of the judgment are, 1st. That the defendants’ petition for a new trial did not disclose sufficient legal grounds to entitle them to the relief sought. 2nd. That the Court erred in overruling the plaintiff’s exceptions to the defendants’ plea of accord and satisfaction; and in refusing his application for a new trial.

In answer to the first of these grounds, it is to be observed, that the sufficiency of the petition was not brought in question in the Court below. • The exceptions were confined to the supposed insufficiency of the bond, in the several…

2Cases cited2 opinions

  1. Russell v. LytleNew York Supreme Court · 1831
  2. Hawley v. FooteNew York Supreme Court · 1838

3Cited by16 opinions

  1. Johnson v. PortwoodTexas Supreme Court · 1896
  2. Glasscock v. HamiltonTexas Supreme Court · 1884
  3. Pugh v. TurnerTexas Supreme Court · 1946
  4. Alexander v. HandleyTexas Supreme Court · 1941
  5. City of San Antonio v. BodemanCourt of Appeals of Texas · 1914

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