Johnston v. Mills
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John Gregg. The character of the suit, the nature of the defences, as well as such of the facts as are important to be shown, with a view to a proper comprehension of the points decided, are perhaps sufficiently shown in the opinion itself; yet, in addition thereto it may be further stated, that this suit was instituted, as may be inferred from the record, in the month of September, 1856. Letters of administration on the estate…
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Appeal from Smith. Tried below before the Hon. John Gregg. The character of the suit, the nature of the defences, as well as such of the facts as are important to be shown, with a view to a proper comprehension of the points decided, are perhaps sufficiently shown in the opinion itself; yet, in addition thereto it may be further stated, that this suit was instituted, as may be inferred from the record, in the month of September, 1856. Letters of administration on the estate of W. P. Haynes were issued on the 19th day of October, 1853. The record from the county court disclosed the fact that…
1Opinion of the CourtRoberts, J.
This is a suit by appellees against appellants upon a written contract. The appellants presented in their defence two issues, one of which was presented by filing a general denial, and the other by a special plea. The defence under that one made by the special plea was negatived and disregarded by the court in the charge to the jury, so that the cause was tried upon the issue made by defendants’ general denial of the facts alleged in the petition.
The contract set out in the petition reads as follows, to wit:
“ Cherokee county,-July 12th, 1852.
“Whereas, we have transferred and assigned to R. &…
2Cited by6 opinions
- Donley v. BushTexas Supreme Court · 1875
- Douglass v. MundineTexas Supreme Court · 1882
- Young v. Bank of MiamiCourt of Appeals of Texas · 1913
- Adoue & Lobit v. HutchesCourt of Appeals of Texas · 1903
- United States Fidelity & Guaranty Co. v. CliftonCourt of Appeals of Texas · 1923
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