Hancock v. Winans
Texas Supreme Court
Appeal from Travis. Tried below before the .Hon. Thomas H. DuVal. Suit by appellee against appellant on a note signed by Logan Vandever as principal and defendant as surety. The petition alleged the particulars of the plaintiff’s diligence in having the note allowed and approved as a valid claim against the estate of Vandever, who had departed this life.
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Appeal from Travis. Tried below before the .Hon. Thomas H. DuVal. Suit by appellee against appellant on a note signed by Logan Vandever as principal and defendant as surety. The petition alleged the particulars of the plaintiff’s diligence in having the note allowed and approved as a valid claim against the estate of Vandever, who had departed this life. The defendant pleaded in abatement, to the effect that plaintiff had not used- due diligence in the prosecution of the claim against Vandever’s- estate* &c.; and to the merits, that the note was signed by him without any consideration, and…
1Opinion of the CourtWheeler, J.
Agreements of counsel respecting the conduct of causes in Court are not to be viewed in the light of contracts, which the Court is bound to enforce. They are rather to be treated as affording the rule of practice, in so far, in the parti*325cular case. But as matter of practice, they are not absolutely obligatory upon the Court; but may be set aside, or disregarded when to enforce them would work inconvenience or injustice. Under the rules of the Court (Rule 19th) such agreements of counsel are not enforced when not in writing, because of the inconvenience which would result from differences or…
2Cited by13 opinions
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Porter v. HoltTexas Supreme Court · 1889
- Beaumont Pasture Co. v. Preston & SmithTexas Supreme Court · 1886
- McClure v. Heirs of SheekTexas Supreme Court · 1887
- Halsey v. Humble Oil & Refining Co.Court of Appeals of Texas · 1933
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