Givens v. Blocker
Texas Supreme Court
Error from Rusk. Tried below before the Hon. Charles A. Frazer. The plaintiff in error brought this case to the District Court, by certiorari.
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Error from Rusk. Tried below before the Hon. Charles A. Frazer. The plaintiff in error brought this case to the District Court, by certiorari. He alleged, in his petition for a certiorari, that the due-bill, upon which the judgment had been rendered against him in favor of the defendant in error, was executed to one Benjamin Gholson, the payee of the same, on March 24th, 1854; “that there were dealings to a large amount between said Gholson and himself, to wit, $700, and upwards; that on the 1st day of September, 1854, petitioner and said Gholson, had a settlement of all these dealings, each…
1Opinion of the CourtRoberts, J.
The court below did not err in dismissing the petition for certiorari, because it did not allege that the note sued on was included in the settlement made between Givens and Gholson, the original payee; and also, because it failed to show that the receipt was proved at the trial, and that it embraced this note.
Another objection to the petition is, that it did not allege that the. facts recited as proved on the trial, were all the facts proved. (Robinson v. Lakey, 19 Texas Rep. 139.)
Upon dismissing the petition, the court rendered judgment against the principal and sureties on the bond given…
2Cases cited1 opinion
- Robinson v. LakeyTexas Supreme Court · 1857
3Cited by4 opinions
- Clark v. HuttonTexas Supreme Court · 1866
- Coffman v. National Motor Products Co.Court of Appeals of Texas · 1930
- Taylor v. BrymerCourt of Appeals of Texas · 1897
- Miner v. GoseCourt of Appeals of Texas · 1880