Williams v. Bailes
Texas Supreme Court
Appeal from Williamson. Suit on a promise to pay under seal. Plea of failure of consideration not supported by affidavit. On the trial the defendants offered evidence in support of their plea, but the court excluded the evidence on the ground that the plea not having been supported by affidavit was no part of 'the pleadings in the cause. The defendants excepted. The affidavit in support of the answer as required by the statute, (Ilart.
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Appeal from Williamson. Suit on a promise to pay under seal. Plea of failure of consideration not supported by affidavit. On the trial the defendants offered evidence in support of their plea, but the court excluded the evidence on the ground that the plea not having been supported by affidavit was no part of 'the pleadings in the cause. The defendants excepted. The affidavit in support of the answer as required by the statute, (Ilart. Dig., art. 710.) is no part of the answer. It is but a prerequisite to the admission of the answer upon the files of the cause. If tho plaintiff intends to…
1Opinion of the Court
IIempiiill, Ci-r. J.
The only question in this case is as to the alleged error in excluding the evidence offered in mpport of tiie plea of the failure of consideration. Tiie objection to its admissibility was that tiie plea was unac-■eoinpanied by the affidavit required by tiie statute.
Tiie provision of the act which is applicable here is expressed as follows, viz, “Bo plea impeaching tiie consideration of any instrument or note in “writing under seal shall be admitted, unless supported by the affidavit of the “defendant or some person for him, stating that the facts set forth in said plea are…
2Cited by24 opinions
- Johnson v. GrangerTexas Supreme Court · 1879
- Gutta Percha & Rubber Manufacturing Co. v. City of CleburneTexas Supreme Court · 1908
- Ashcroft v. StephensCourt of Appeals of Texas · 1897
- Indiahoma Refining Co. v. WoodCourt of Appeals of Texas · 1923
- Insurance Co. of North America v. WickerTexas Supreme Court · 1900
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