Maddox v. Humphries
Texas Supreme Court
Error from Gfuadaloupe. The case was tried before Hon. I. B. McFarland, one of the district judges. This case, which was once before the Supreme Court, is reported in 24 Texas, 195. The original petition was filed in the district clerk’s office of Gfuadaloupe county on the 12th day of January, 1859. There was endorsed upon the back of the petition, in pencil, the following: “ The clerk will not issue upon this until further instructed by me. C. Heich, attorney.”
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Error from Gfuadaloupe. The case was tried before Hon. I. B. McFarland, one of the district judges. This case, which was once before the Supreme Court, is reported in 24 Texas, 195. The original petition was filed in the district clerk’s office of Gfuadaloupe county on the 12th day of January, 1859. There was endorsed upon the back of the petition, in pencil, the following: “ The clerk will not issue upon this until further instructed by me. C. Heich, attorney.” The citation was issued on the 14th day of February, A. D. 1859. The defendant pleaded the statute of limitation, upon the ground…
1Opinion of the CourtMorrill, C. J.
The plaintiff instituted suit against defendant, founded upon personal services for work and labor, &e., performed previous to 17th January, 1857. It seems that the petition was handed to the clerk of the district court on 12th January, 1859, with the indorsement thereon, “The clerk will not issue upon this until further instructed by me, C. Reich, attorney; ” and the clerk, in obedience thereto, issued process on 14th February, 1859. From the deposition of the clerk, taken by consent, it was proved that he issued process on the day he was instructed so to do by plaintiff, and that he did not…
2Cited by15 opinions
- Tribby v. WokeeTexas Supreme Court · 1889
- Wilkinson v. ElliottSupreme Court of Kansas · 1890
- Jordan v. BosworthSupreme Court of Georgia · 1905
- Estes v. McWhorterCourt of Appeals of Texas · 1916
- Canada v. Frost Lumber IndustriesLouisiana Court of Appeal · 1942
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