Davis v. State
Court of Appeals of Texas
Appeal from the District Court of Delta. Tried below before the Hon. W. H. Andrews. This case was appealed to the Supreme Court in 1875, and, being undecided when the Constitution of 1876 went into effect, was transferred to the Court of Appeals, among the pending criminal causes. William Davis was the principal in the bond, in the body of which the names of J. G. L. Davis and A. Sinclair alone appeared as the sureties.
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Appeal from the District Court of Delta. Tried below before the Hon. W. H. Andrews. This case was appealed to the Supreme Court in 1875, and, being undecided when the Constitution of 1876 went into effect, was transferred to the Court of Appeals, among the pending criminal causes. William Davis was the principal in the bond, in the body of which the names of J. G. L. Davis and A. Sinclair alone appeared as the sureties. At the foot, however, it bore the signatures of these parties, and also those of W. D. Sheffield and R. C. Andrews. Sheffield’s signature, however, was defaced by lines drawn…
1Opinion of the CourtWhite, J.
It is now considered to be a general rule that where any suspicion is raised as to the genuineness of an altered instrument, or is made so by extraneous evidence, the party producing the instrument and claiming under it is bound to remove the suspicion by accounting for the alteration. 1 Greenl. on Ev., sec. 564.
In the case under consideration, the sureties, in their answer to the scire facias issued on the judgment nisi, pleaded non est factum, alleging that since the execution by them of the bond, which was forfeited, the name of one of the sureties thereon had, without their authority,…
2Cases cited9 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Smith v. United StatesSupreme Court of the United States · 1865
- State v. WomackWashington Supreme Court · 1892
- People v. BusterCalifornia Supreme Court · 1858
- Martin v. Thomas Ex Rel. RogersSupreme Court of the United States · 1861
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