Adkins v. Watson
Texas Supreme Court
Appeal from Harrison. The appellant caused a writ of garnishment to be served on the appellees, in May, 1851. They answered, denying their indebtedness. The plaintiff in the writ, desiring to controvert their answer, filed the affidavit required by the statute, (Dig.
Read the full summary
Appeal from Harrison. The appellant caused a writ of garnishment to be served on the appellees, in May, 1851. They answered, denying their indebtedness. The plaintiff in the writ, desiring to controvert their answer, filed the affidavit required by the statute, (Dig. Art. 50,) and tendered an issue by filing his petition, alleging that he had obtained a judgment against one Hunt in July, 1850 ; that on the 13th of June, 1849, the defendants purchased of Hunt a certain tract of land ; and that they promised Hunt to pay to the plaintiff the debt on which his judgment was recovered ; that the…
1Opinion of the CourtWheeler, J.
The only objection to the pleading of the plaintiff, which, it is conceived could be relied on with even the appearance of plausibility, is that he alleges that the defendants promised to pay the plaintiff the debt due him from Hunt. But it is insisted, on behalf of the defendants that that promise was void. If it were so, that would be an answer to the objection. But a better answer is given by counsel for the plaintiff, that is, that the plaintiff manifestly did not intend to rely on that promise. The averment was unnecessary, and may be rejected as surplusage ; especially as it was not…
2Cited by15 opinions
- Thomas v. HammondTexas Supreme Court · 1877
- Simpson v. GreenTexas Commission of Appeals · 1921
- Garcia v. KaramTexas Supreme Court · 1955
- Fulton v. RobinsonTexas Supreme Court · 1881
- Cross v. EvertsTexas Supreme Court · 1866
10 more not listed; retrieve them via the Exa API.