Keithley v. Seydell
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. N. Aldredge. Suit brought by appellant as administrator of Adelaide Keithley, deceased, against appellees J. C. Seydell, N. R. Winniford, Wm. Fleming, S. C. Atterbury and Wm. II. Freeman, upon a promissory note. The note was alleged to have been executed and delivered to plaintiff’s intestate by the defendants and one Wm.
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Appeal from Dallas. Tried below before the Hon. Geo. N. Aldredge. Suit brought by appellant as administrator of Adelaide Keithley, deceased, against appellees J. C. Seydell, N. R. Winniford, Wm. Fleming, S. C. Atterbury and Wm. II. Freeman, upon a promissory note. The note was alleged to have been executed and delivered to plaintiff’s intestate by the defendants and one Wm. Keithley (since deceased), and was set out in the petition as follows, to wit: “§1,000. Lancaster, Texas, January 1, 1871. “ One year after date we or either of us promise to pay to Adelaide Keithley the sum of one…
1Opinion of the Court
Delany, J. Com. App.
In considering this case we omit all that relates to the interrogatories propounded by the plaintiff, except to say that they were not pertinent to the matter in issue. The defendants were not asked if they had executed the note in suit, but if they had signed any note. Of course no judgment could have been rendered against them upon their failure to answer. But the judgment actually rendered is assigned as error, and the question is, can that judgment be maintained? Counsel for appellees puts the case thus: The plaintiff declared upon anote signed by six. He proved a note…
2Cases cited5 opinions
- Austin v. JordanTexas Supreme Court · 1849
- P. J. Willis & Bro. v. MorrisonTexas Supreme Court · 1875
- Horton v. WheelerTexas Supreme Court · 1856
- Shipman v. AlleeTexas Supreme Court · 1867
- Congdon & Aylsworth v. H. W. Monroe & Co.Texas Supreme Court · 1879
3Cited by6 opinions
- Miller v. SullivanTexas Supreme Court · 1896
- Negociacion Agricola Y Ganadera De San Enrique, S. A. v. LoveCourt of Appeals of Texas · 1920
- Kelsey v. MyersCourt of Appeals of Texas · 1930
- Stevens & Andrews v. Gainesville National BankTexas Supreme Court · 1884
- Tinkham v. WrightCourt of Appeals of Texas · 1914
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