Bright v. Sampson
Texas Supreme Court
Error from Johnson. Tried below before the Hon. Nat. M. Burford. There was an indorsement on the petition as follows:— “ I accept service in the within suit on my own behalf and the firm. December 9th, 1856. JOHN WHITMIRE.”
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Error from Johnson. Tried below before the Hon. Nat. M. Burford. There was an indorsement on the petition as follows:— “ I accept service in the within suit on my own behalf and the firm. December 9th, 1856. JOHN WHITMIRE.” The entry of judgment read as follows:— “ Now, at this Term of the Court, come the plaintiffs by attorney, and the firm of Whitmire, Kirtly & Bright in propria persona, through one of the members, John Whitmire, who filed a plea of non debet, which said answer being withdrawn by said defendant, judgment is hereby rendered nil dioit for the plaintiff,” &c. The other facts…
1Opinion of the CourtRoberts, J.
This case must be decided upon the last assignment of error, to wit: “ The partnership was dissolved, and this plaintiff in error had no notice or service of this suit.”
The suit was instituted by Sampson & Co., against the firm of Whitmire, Kirtly & Bright, on the 8th of December, 1856. Ho process issued. On the 10th of the same month an answer was filed as follows:—
“How, at this Term of the Court, comes one of the defendants, John Whitmire, in his own proper person, and for the other members of the firm of Whitmire, Kirtly & Bright, and says that they are not indebted to the firm of Henry…
2Cases cited1 opinion
- Taylor v. CoryellSupreme Court of Pennsylvania · 1825
3Cited by2 opinions
- Missouri, Kansas & Texas Railway Co. v. ColburnTexas Supreme Court · 1896
- Ingram v. Card Co.Court of Appeals of Texas · 1976