Steinbeck v. Stone
Texas Supreme Court
Error from Limestone. Tried, below before the Hon. D. M. Prendergast. Suit by Wm. Stone, begun on the 28th of January, 1875, alleging that J. W. Steinbeck was indebted to him on a promissory note for $1,875, due January 1, 1875, bearing ten per cent, interest from January 1,1873, payable to B. D. Scott or order; that for a valuable consideration the note was indorsed to petitioner; that Steinbeck thereby promised to pay to Scott the sum mentioned, or to his order; that no…
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Error from Limestone. Tried, below before the Hon. D. M. Prendergast. Suit by Wm. Stone, begun on the 28th of January, 1875, alleging that J. W. Steinbeck was indebted to him on a promissory note for $1,875, due January 1, 1875, bearing ten per cent, interest from January 1,1873, payable to B. D. Scott or order; that for a valuable consideration the note was indorsed to petitioner; that Steinbeck thereby promised to pay to Scott the sum mentioned, or to his order; that no part of the note had been paid; that the note was given for land sold by Scott to Steinbeck, on the first day of January,…
1Opinion of the Court
Bonner, Associate Justice.
It is contended by defendant in error that there is no sufficient statement of facts in this, case, because the same was signed by the presiding judge only, and it does not appear that there had been any disagreement of counsel.
It has been decided by this court, that in such cases it will be presumed that the contingency happened which, under the statute, authorized the judge presiding to make out the statement alone. Darcy v. Turner, 46 Tex., 30.
It is assigned as error that the court erred in overruling the demurrer of the defendant.
The propositions under this…
2Cases cited6 opinions
- Norris v. HuntTexas Supreme Court · 1879
- Wilson v. SmithTexas Supreme Court · 1878
- Kingston v. PickinsTexas Supreme Court · 1876
- Ragsdale v. RobinsonTexas Supreme Court · 1877
- Berry v. WrightTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cox v. HartSupreme Court of the United States · 1892
- Falls Land & Cattle Co. v. ChisholmTexas Supreme Court · 1888
- Wright v. LassiterTexas Supreme Court · 1888
- Clifton v. CreasonCourt of Appeals of Texas · 1912
- Bowles v. BealTexas Supreme Court · 1883
10 more not listed; retrieve them via the Exa API.