Davidson v. Peticolas
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. T. C. Barden. Peticolas, as administrator of the estate of R. W. Montgomery, •deceased, brought this action in December, 1869, against Truman Phelps and Quincy Davidson, administrators of J. 0. Wheeler, deceased.
Read the full summary
Appeal from Victoria. Tried below before the Hon. T. C. Barden. Peticolas, as administrator of the estate of R. W. Montgomery, •deceased, brought this action in December, 1869, against Truman Phelps and Quincy Davidson, administrators of J. 0. Wheeler, deceased. The cause of action was a bill of exchange, dated Victoria, Texas, June 1,1860, for $1500, payable January 15,1861, and drawn by T. Phelps in favor of said Wheeler, by whom it was indorsed to Nelson Clements, who indorsed it in blank. It was •drawn on Watts & Noble, New Orleans, and was duly accepted by them. All the parties to the…
1Opinion of the CourtWalker, J.
The exceptions to the rulings of the district court are as follows:
First—The court erred in overruling the exceptions of defendants and demurrer to the plaintiff’s petition.
Second—The court erred in admitting as evidence the bill of exchange set out in the bill of exceptions.
Third—The court erred in admitting as evidence the certificate-of the Secretary of State, set out in the bill of exceptions.
Fourth—The court erred in giving judgment upon the pleadings and evidence against the defendant Davidson, administrator of Z. 0. Wheeler’s estate.
Fifth—The court erred in every ruling made, and…
2Cases cited3 opinions
- Pace v. SollamanTexas Supreme Court · 1868
- Flournoy v. HealyTexas Supreme Court · 1869
- McLeod v. BoardTexas Supreme Court · 1867
3Cited by3 opinions
- People v. Kings County Development Co.California Court of Appeal · 1920
- Standifer v. HubbardTexas Supreme Court · 1873
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1966