Price v. Luter
Texas Supreme Court
Appeal from Goliad. The proceedings before the Justice were not copied into the transcript; and it did not appear when the suit was instituted, except by a bill of exceptions, which was as follows : “ Plaintiff gave the note in evidence, which was dated January “ 1st, 1850, payable one day after date, and endorsed ‘ came into “ my hands for suit 28th of November, 1853, A. H. Briscoe, “ Mayor of Goliad and J. P. G. C.' The Plaintiff then intro- “ duced A. H. Briscoe who…
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Appeal from Goliad. The proceedings before the Justice were not copied into the transcript; and it did not appear when the suit was instituted, except by a bill of exceptions, which was as follows : “ Plaintiff gave the note in evidence, which was dated January “ 1st, 1850, payable one day after date, and endorsed ‘ came into “ my hands for suit 28th of November, 1853, A. H. Briscoe, “ Mayor of Goliad and J. P. G. C.' The Plaintiff then intro- “ duced A. H. Briscoe who testified that in the year 1853, he “ was an acting Justice of the Peace in said County of Goliad, “ and that on the 28th day…
1Opinion of the CourtLipscomb, J.
This suit was brought before a Justice of the Peace, and removed by a certiorari to the District Court, and a judgment for the plaintiff, from which the defendant appealed. In the Court below, the appellee, then plaintiff, to avoid the plea of the statute of limitations, offered proof that he had given the claim to a Justice of the Peace to issue his summons on, in time before the statute had operated as a bar; that suit had not been commenced for the want of an officer to execute process, and that plaintiff then put his claim into the hands of another Justice, and the suit ivas commenced. It…
2Cited by4 opinions
- Watt v. Parlin & Orendorff Co.Court of Appeals of Texas · 1906
- W. C. Moody & Co. v. D. O. McRimmon & Co.Court of Appeals of Texas · 1894
- Jarrell v. United States Realty Co.Court of Appeals of Texas · 1925
- Jarrell v. United States Realty Co.Court of Appeals of Texas · 1925