Johnson v. Ward
Texas Supreme Court
Appeal from Harrison. Tried below before Hon. C. A. Frazer. Appellee brought this case by certiorari to the District Court. On the trial there, he was offered as a witness, and at the request of appellant's counsel was sworn on his voir dire.
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Appeal from Harrison. Tried below before Hon. C. A. Frazer. Appellee brought this case by certiorari to the District Court. On the trial there, he was offered as a witness, and at the request of appellant's counsel was sworn on his voir dire. The note originally sued on, and other papers in the case before the Justice, having been lost, and their contents proved, the appellee stated that he could not prove the time of the endorsement of the note by any one besides himself, except by the defendant Johnson. The appellant's counsel then proceeded to cross-examine him as to his means of proving…
1Opinion of the Court
Hemphill, Ch. J.
It is not clear that the Justice erred in dismissing the suit. There had been no proceedings from August, 1853, to March, 1855, a sufficient period, perhaps, as a general rule to work a discontinuance. But admitting that such was not the effect in this cause, that regularity in proceedings before a Magistrate is not to be required, that on liquidated demands the Justice must give judgment on the merits, whether the-plaintiff attend or not, that the loss of the note and papers by the Justice and the change of Magistrates sufficiently account for the delay, yet there is believed…
2Cited by4 opinions
- Crosby v. Di PalmaCourt of Appeals of Texas · 1911
- Fr. Beck & Co. v. AvondinoCourt of Appeals of Texas · 1899
- Hicks v. First National Bank in Dalhart, Texas Court of Appeals, 7th District (Amarillo)1989
- Hicks v. First National Bank in Dalhart, Texas Court of Appeals, 7th District (Amarillo)1989