Fleming v. Nall
Texas Supreme Court
Writ of Error from Ned River County. The defendant sued the plaintiff in error upon two promissory notes for $500 each, payable in current bank notes, and obtained thereon a judgment final by default for the sum of $1,099.50 and costs. The other material facts will be found in the opinion of the court.
1Opinion of the CourtHemphill, C. J.
The transcript of the record was filed by the defendant in error and he prays for an affirmance of the judgment and for the damages allowed in cases of delay. The judgment was rendered on the 27th September, 1844, and the writ of error, was not sued out until the 1st August, 1846. The errors assigned are:
1st. That the court erred in rendering judgment in said suit, because the same'was instituted without the knowledge or consent of the plaintiff, Nall, as appears by a note which was filed in the said court to the judge thereof by said Nall, instructing and requesting the said judge to dismiss…
2Cases cited3 opinions
- Farwell v. WhiteSupreme Court of Missouri · 1842
- Chambers v. GeorgeCourt of Appeals of Kentucky · 1824
- Carlisle v. DavisSupreme Court of Alabama · 1844
3Cited by6 opinions
- Emery v. StateCourt of Criminal Appeals of Texas · 1909
- Barreda v. Milmo Nat. BankCourt of Appeals of Texas · 1922
- Anders v. JohnsonCourt of Appeals of Texas · 1926
- Barreda v. Milmo Nat. BankCourt of Appeals of Texas · 1922
- Laird v. StateCourt of Criminal Appeals of Texas · 1916
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