Legal Opinion

May v. Ferrill

Texas Supreme Court

Decided July 1, 1858PublishedCited by 10 opinions

Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by. the appellees, Hiram Eerrill, Sr., Hiram Eerrill, Jr., and Stephen Eerrill, co-partners, under the name and style of H. Ferrill & Sons, against the appellant, George W. May, on a promissory note for seven hundred and twenty dollars and two cents, payable to plaintiffs; and a deed of trust on four wagons, twenty yoke of oxen, with yokes and chains for the same; praying judgment, and enforcement of the…

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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by. the appellees, Hiram Eerrill, Sr., Hiram Eerrill, Jr., and Stephen Eerrill, co-partners, under the name and style of H. Ferrill & Sons, against the appellant, George W. May, on a promissory note for seven hundred and twenty dollars and two cents, payable to plaintiffs; and a deed of trust on four wagons, twenty yoke of oxen, with yokes and chains for the same; praying judgment, and enforcement of the lien, and writ of sequestration against the property specified in the deed of trust. Suit filed September 2d, 1857. The…

1Opinion of the Court

Wheeler, Ch. J.

Unquestionably, it was competent for the court, to permit the clerk to supply his omission to attach his certificate to the affidavit, made to obtain the writ of sequestration.

There is no statement of facts; nor does it appear, by the bill of exceptions,, what was testified to by the witnesses objected to. Nor can it be seen that the exclusion of evidence, offered by the defendant, can possibly have operated any injury to him. It is unnecessary to consider objections to the judgment, not properly presented by the record, for revision; or which are plainly without any foundation.

2Cited by10 opinions

  1. Foreman v. CarterSupreme Court of Kansas · 1872
  2. Gray & Wallace v. Steedman Bros.Texas Supreme Court · 1885
  3. Lanier v. PerrymanTexas Supreme Court · 1883
  4. Southern Surety Co. v. AdamsCourt of Appeals of Texas · 1925
  5. Litton v. ThompsonTexas Commission of Appeals · 1879

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