Smithwick v. Andrews
Texas Supreme Court
Appeal from Burnet. Tried below before the Hon. Edward H. Yontress. This suit was commenced by Redding Andrews, on the 3d of April, 1855, against Noah Smithwick, to recover a bounty warrant for 1280 acres of land, or its value.
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Appeal from Burnet. Tried below before the Hon. Edward H. Yontress. This suit was commenced by Redding Andrews, on the 3d of April, 1855, against Noah Smithwick, to recover a bounty warrant for 1280 acres of land, or its value. The plaintiff claimed the certificate under an alleged purchase by him, from Jesse Billingsley, in the year 1839, of the discharge of Smithwick from twelve months’ service, which entitled the said Smithwick to a bounty warrant; Billingsley claimed to own the discharge under a title derived through Smithwick’s transfer to one Young. The petition alleged, that owing to a…
1Opinion of the CourtBell, J.
The court below did not err in sustaining the objection to the admissibility in evidence, of the certificate of the commissioner of the General Land Office, that there was on file in that office, a transfer of the bounty warrant, Ho. 1070, concerning which this suit originated. That was not a fact which the commissioner of the land office could certify, in the manner exhibited by the certificate offered in evidence in this cause. Whenever the commissioner of the land office certifies that a writing is a true copy of an original in his office, then such writing is admissible in evidence in the…
2Cited by8 opinions
- Johnson v. NewmanTexas Supreme Court · 1875
- Jones v. AndrewsTexas Supreme Court · 1884
- Perry v. SmithTexas Commission of Appeals · 1921
- Kjerschow v. DaggsArizona Supreme Court · 1922
- Western Union Beef Co. v. ThurmanCourt of Appeals for the Fifth Circuit · 1895
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