Burleson v. Hancock
Texas Supreme Court
Appeal from Lampasas. The case was tried before Hon. Edward H. Vontress, one of the district judges. The facts necessary to the points decided are fully stated in the opinion of the court.
1Opinion of the CourtSmith, J.
—The appellee, Hancock, instituted suit against
the appellant, Burleson, on May 3, 1858, as indorser upon a note executed by Lemuel Deberry, on 9th February, 1856, for $1,240, and payable two years after date, with ten per cent, interest, to said Burleson or order, and averred that the maker resided beyond the limits of this State, and for that reason is not made a party to this suit, (O. & W. Dig., Art. 91; Paschal’s Dig., Art. 1426, Note 535;) and states, in an amended petition, that since the institution of this suit Burleson admitted that he was indebted to him.
Burleson plead in his…
2Cases cited5 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dickey v. MalechiSupreme Court of Missouri · 1839
- Houston v. PerryTexas Supreme Court · 1849
- Graham v. StephenTexas Supreme Court · 1855
- Foster v. SpearTexas Supreme Court · 1858
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- Hereford Cattle Co. v. PowellCourt of Appeals of Texas · 1896