Gillespie's Adm'r v. Redmond
Texas Supreme Court
Appeal from Fayette. The defendant in error filed his petition in the District Court of Washington county, on the lTth March, 1848, alleging that the plaintiff in error had, on the 9th day of March, 1844, at New Orleans, in the State of Louisiana, executed his promissory note for $1104 86, payable to Devivier & Woodlief, or order, eight months after date; that the plaintiff had become possessed of said note, by due course of trade, and was the owner thereof, and that the…
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Appeal from Fayette. The defendant in error filed his petition in the District Court of Washington county, on the lTth March, 1848, alleging that the plaintiff in error had, on the 9th day of March, 1844, at New Orleans, in the State of Louisiana, executed his promissory note for $1104 86, payable to Devivier & Woodlief, or order, eight months after date; that the plaintiff had become possessed of said note, by due course of trade, and was the owner thereof, and that the defendant failed and refused to pay, &c.; and, subsequently, by an amended petition, he alleged that the note had been…
1Opinion of the CourtWheeler, J.
The errors assigned, which it is material to notice, bring in question the rulings of the Court. 1st. In sustaining the plaintiff’s motion to docket the cause in the names of the present parties, and overruling the defendant’s plea in abatement. 2nd. In receiving the statement of the plaintiff’s attorney in opposition to the motion to dismiss for a discontinuance, and overruling the motion. 3rd. In excluding the deposition of the witness Lane; and 4th, In admitting evidence of the rate of interest allowed by the law of Louisiana, and giving judgment therefor.
*14An inspection of the papers and…
2Cited by15 opinions
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- Callahan v. StaplesTexas Supreme Court · 1942
- Hinkle v. ThompsonCourt of Appeals of Texas · 1917
- Beaudette v. City of El PasoCourt of Appeals of Texas · 1923
- Staples v. CallahanCourt of Appeals of Texas · 1940
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