Battle v. Eddy
Texas Supreme Court
Error from McLennan. The case was tried before Hon. Thomas Harrison, one of the district judges. The makers and indorsers of the note were well described in the petition. One of the makers acknowledged service; the citation against the other did not name the defendant who had acknowledged service or the indorser. The indorser was not served, nor was any notice taken of him in the judgment by default against the makers.
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Error from McLennan. The case was tried before Hon. Thomas Harrison, one of the district judges. The makers and indorsers of the note were well described in the petition. One of the makers acknowledged service; the citation against the other did not name the defendant who had acknowledged service or the indorser. The indorser was not served, nor was any notice taken of him in the judgment by default against the makers. Battle and Arnold prosecuted error, and the assignments are sufficiently noticed in the opinion of the court.
1Opinion of the CourtCaldwell, J.
— The errors assigned and relied on for a reversal of the judgment are—
1st and 2d. Insufficient service.
3d. Failure to dismiss as to John Eddy, the endorser, before entering judgment.
The instrument sued on is a promissory note, dated August 17,1859, payable twelve months thereafter, to John *369Eddy. On the day of its execution it was assigned to E. A. Eddy, defendant in error.
The petition was filed August 24, 1866. Plaintiffs in error, makers of the note, and John Eddy, the indorser, whose residence was alleged to be in the State of Missouri, were made defendants.
Writ of citation issued to IsT.…
2Cases cited5 opinions
- Dikes v. Monroe & BrotherTexas Supreme Court · 1855
- Anderson v. BrownTexas Supreme Court · 1856
- Andrews v. C. Ennis & Co.Texas Supreme Court · 1856
- Edrington v. KigerTexas Supreme Court · 1849
- Barton v. NixTexas Supreme Court · 1857
3Cited by9 opinions
- Delaware Western Construction Co. v. Farmers & Merchants National BankCourt of Appeals of Texas · 1903
- McCaulley v. Western Nat. BankCourt of Appeals of Texas · 1915
- Bridges v. HollifieldCourt of Appeals of Texas · 1919
- Fort Worth Lloyds v. JohnsonCourt of Appeals of Texas · 1939
- Gilbert v. StateCourt of Criminal Appeals of Texas · 1981
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