Montgomery v. Barnett
Texas Supreme Court
Error from Bed River. Barnett sued Montgomery on a promissory note for $500. Tile petition purported to be filed on the 9th November, 1849. Oil the petition was indorsed, ‘’service of the within petition acknowledged. W. T. Montgomery.” And “I do hereby certify that the indebtedness of said Montgomery, as set forth in the within, is just aud correct. S. H. Morgan, Attorney. “Signed and sworn to this 9th November, 1849. W. II. Vining, Clerk.”
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Error from Bed River. Barnett sued Montgomery on a promissory note for $500. Tile petition purported to be filed on the 9th November, 1849. Oil the petition was indorsed, ‘’service of the within petition acknowledged. W. T. Montgomery.” And “I do hereby certify that the indebtedness of said Montgomery, as set forth in the within, is just aud correct. S. H. Morgan, Attorney. “Signed and sworn to this 9th November, 1849. W. II. Vining, Clerk.” Then followed the judgment: “In the District Court, November 8th,. A. D. 1849. This day came the plaintiff by attorney, and the defendant having duly…
1Opinion of the Court
Hemphill, Ch. J.
The act regulating proceedings in tlie District Courts-(art. 770, Dig.) declares that any person, for a bona fide debt, may without process appear in person or by attorney and confess judgment for such debt, but in such case a petition shall always be filed and the justness of the debt sworn to by the person in whose favor the judgment is confessed; and by art. 669 it is provided that all civil suits in tlie District Court shall be commenced1 by petition filed in the office of the clerk of the District Court.
Note 33. — Flanagan v. Bruner, 10 T., 257. If the defendant has been…
2Cited by4 opinions
- Goodlett v. StampsTexas Supreme Court · 1867
- Hartsfield v. FergusonCourt of Appeals of Texas · 1937
- Kentucky Oil Corp. v. McCandlessCourt of Appeals of Texas · 1927
- Wiggins v. First Nat. Bank of DentonCourt of Appeals of Texas · 1915