Camp v. Gainer
Texas Supreme Court
Error from Harrison. The defendant in error filed his petition in the District Court of Harrison county, alleging that he. obtained a judgment against t lie plaintiff in error in that court, at the Fall Term thereof, 18-14, for the sum of six hundred and forty-eight 89-100 dollars, which judgment remained unsatisfied, praying that a scire jacios issue t,o the defendant therein, who resided in the county of Upshur, to show cause why execution should not issue, ole.
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Error from Harrison. The defendant in error filed his petition in the District Court of Harrison county, alleging that he. obtained a judgment against t lie plaintiff in error in that court, at the Fall Term thereof, 18-14, for the sum of six hundred and forty-eight 89-100 dollars, which judgment remained unsatisfied, praying that a scire jacios issue t,o the defendant therein, who resided in the county of Upshur, to show cause why execution should not issue, ole. The writ accordingly issued. The venue of tlie writ vas laid in Harrison county, and it was directed to the sheriff of Upshur…
1Opinion of the CourtWheeler, J.
It is objected to the judgment, 1st. That the scire facias describes a judgment as having been rendered in Upshur county, the word “ said ” in the recital of the writ referring, it is insisted, to the last antecedent, which is Upshur.
2d. That tlie judgment is erroneously entered for tlie debt and interest.
As a general rule, an equivocal expression in pleading is to be construed against tlie party using it; yet when tlie opposite party has pleaded over, that, it is said, is an admission that the expression is to be taken in that sense which will support the previous pleading. And even in an…
2Cited by8 opinions
- Vredenburgh v. SnyderSupreme Court of Iowa · 1858
- Sias v. BerlyCourt of Appeals of Texas · 1950
- Gorham v. Dallas, Cleburne & Southwestern Railway Co.Court of Appeals of Texas · 1906
- Teel v. BrownCourt of Appeals of Texas · 1916
- Delaune v. Beaumont Irr. Co.Court of Appeals of Texas · 1911
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