Cartwright v. Roff
Texas Supreme Court
Writ of Error from Fort Bend County. Tbe plaintiff in error, Cartwright, being the payee and first in-dorser of a certain promissory note, was sued at the spring term, 1845, by the defendant in error, to whom the said note had been assigned. There was a judgment by default, but before it was made final the general issue was pleaded.
Read the full summary
Writ of Error from Fort Bend County. Tbe plaintiff in error, Cartwright, being the payee and first in-dorser of a certain promissory note, was sued at the spring term, 1845, by the defendant in error, to whom the said note had been assigned. There was a judgment by default, but before it was made final the general issue was pleaded. On the trial this plea was withdrawn and judgment entered by nil dicit. 1st. The plaintiff by his petition showed no cause of action against appellant. 2d. The court should not have rendered judgment without a jury. On the first point it is contrary to law to…
1Opinion of the CourtLipscomb, J.
The errors assigned in this cause are:
1st. The plaintiff, by his petition, shows no cause of action against the defendant.
2d. The court should not have rendered a judgment without a jury.
On the first point, it is true the petition does not state what diligence had been used by the plaintiff; it does not aver that suit had been instituted against the maker, or any reason why it had not been done. It may therefore be well questioned whether the petition *(56)would have been sustained if objected to at the proper time in the •court below, and, even here, by default. For there are strong reasons…
2Cited by9 opinions
- FRYMIRE ENGINEERING COMPANY INC. v. GranthamTexas Supreme Court · 1975
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Storey v. NicholsTexas Supreme Court · 1858
- Howe v. Central State Bank of ColemanCourt of Appeals of Texas · 1927
- Goodlett v. StampsTexas Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.