Bennett v. Dowling
Texas Supreme Court
Eekob from Lavaca. Tried below before tbe Hon. Fielding Jones. A bill of exceptions was taken by the plaintiff, upon the trial, as follows, to wit: “ This day came on this cause for trial, and “the plaintiff read his petition and note sued, and closed his “ case.
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Eekob from Lavaca. Tried below before tbe Hon. Fielding Jones. A bill of exceptions was taken by the plaintiff, upon the trial, as follows, to wit: “ This day came on this cause for trial, and “the plaintiff read his petition and note sued, and closed his “ case. And the defendant introduced as evidence the deposition of L. W. Layton, as follows,” (here followed the deposition,) “which was read as evidence, to which the plaintiff “ excepted, which exception of the plaintiff was overruled. The “ above was all the testimony in the case. To which ruling of “the court, overruling the exceptions…
1Opinion of the CourtRoberts, J.
This is a suit by Bennett, as sole executor, &c., on a note executed by Layton and Dowling. The depositions of Layton, proving a settlement of the debt by him with Bennett, were read in evidence, notwithstanding .the objection of Bennett, made in writing before the trial, “that the said “Layton, being the principal in said note, as shown from his “depositions, is incompetent to testify, to release or discharge “his surety, Dowling, to whom he would be liable for the debt “and costs, in case the plaintiff succeeds in this case, and “against whom the record in this suit could be used.” The…
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