Lewis v. Davidson
Texas Supreme Court
Error from. Harris. Tried below before the H011. James Mastersou. This was a suit brought July 10, 1868, in the District Court of Harris county, by W. L. Davidson against William T. Austin and Charles Lewis, as partners, under the firm name of W. T. Austin & Co., to recover upon two promissory notes signed “ W. T. Austin & Co.,” dated December 23,1867, one for $3,448.11, gold, due thirty days, and the other for $3,443, gold, due sixty days after date. • W. T. Austin…
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Error from. Harris. Tried below before the H011. James Mastersou. This was a suit brought July 10, 1868, in the District Court of Harris county, by W. L. Davidson against William T. Austin and Charles Lewis, as partners, under the firm name of W. T. Austin & Co., to recover upon two promissory notes signed “ W. T. Austin & Co.,” dated December 23,1867, one for $3,448.11, gold, due thirty days, and the other for $3,443, gold, due sixty days after date. • W. T. Austin answered, acknowledging his liability on the notes, and set up the history of the same, stating that they were given in…
1Opinion of the Court
Bonner, Associate Justice.
As there is no statement of facts in this case, the presumption must be indulged, in support of the judgment below in favor of W. L. Davidson, executor, that the evidence was sufficient to sustain the allegations in his pleadings; and the plaintiff in error is not entitled to a reversal, except for such fundamental errors of law, if any, as may be apparent of record.
The action of the court sustaining the exceptions of the plaintiff" to the plea in abatement of the defendant Charles Lewis, is assigned as error. This plea set up that the court had no jurisdiction of…
2Cases cited6 opinions
- Bender v. CrawfordTexas Supreme Court · 1871
- Bentinck v. FranklieTexas Supreme Court · 1873
- Houston & Texas Central Railroad v. A. G. Graves & Co.Texas Supreme Court · 1878
- Wood v. WelderTexas Supreme Court · 1874
- Meyers v. DittmarTexas Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Cathey v. WeaverTexas Supreme Court · 1922
- Bonner v. HearneCourt of Appeals of Texas · 1889
- State v. City of AberdeenWashington Supreme Court · 1904
- Milam v. HillCourt of Appeals of Texas · 1902
4 more not listed; retrieve them via the Exa API.