Legal Opinion

Barrett v. Featherstone

Texas Supreme Court

Decided May 25, 1896No. 417PublishedCited by 40 opinions

Certificate oe Dissent from Second District, in an appeal from Clay County. The judgment of the trial court was affirmed hy the Court of Civil Appeals in an opinion by Stevens, Associate Justice, but Associate Justice Hunter filed a dissenting opinion and on motion of appellant the ease was certified to the Supreme Court.

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Certificate oe Dissent from Second District, in an appeal from Clay County. The judgment of the trial court was affirmed hy the Court of Civil Appeals in an opinion by Stevens, Associate Justice, but Associate Justice Hunter filed a dissenting opinion and on motion of appellant the ease was certified to the Supreme Court. As the points covered by the dissent include most of the controverted questions in the case, and are not discussed at length in the present opinion, a publication of both the majority and dissenting opinions in the Court of Civil Appeals is deemed proper, especially as such…

1Opinion of the Court

OPINION OF MAJORITY OF COURT OF CIVIL APPEALS.

Appellee W.B. Worsham, S. Davidson, W.H. Featherston, and C.W. Easley, all resident citizens of Clay County, instituted this suit against appellant, also of that county, upon his promissory note dated May 20, 1892, payable to their order, in the sum of $857.50, besides interest and attorney's fees. They also sought to foreclose a real estate mortgage or deed of trust, dated May 26, 1892, and executed to better secure this note.

Appellant admitted their right to recover, unless it should be defeated by the matters set up in his plea of failure of…

2Cases cited2 opinions

  1. Blair v. SanbornTexas Supreme Court · 1892
  2. Cummings v. PlummerIndiana Supreme Court · 1884

3Cited by40 opinions

  1. Houston East & West Texas Railway Co. v. De WaltTexas Supreme Court · 1902
  2. Hewitt v. BuchananCourt of Appeals of Texas · 1927
  3. Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
  4. Waggoner v. ZundelowitzTexas Commission of Appeals · 1921
  5. Campbell v. McLaughlinTexas Commission of Appeals · 1926

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