Belcher v. Wilson
Texas Supreme Court
Error from Wood. The case was tried before Hon. Charles A. Erazer, one of the district judges. The facts are sufficiently set forth in the opinion of the court. There were three defendants. Judgment having been rendered by default against all, two only prosecuted error.
1Opinion of the CourtMorrill, C. J.
—The petition in this case states two of the defendants, Belcher & Belcher, being indebted to Horton, their joint-and several promissory note in writing, and by which the said Belcher & Belcher promised to pay said Horton, &c. The petition states the indorsement of the note by Horton and requests judgment against all parties.
The sheriff’s return on the writ was, “Executed by handing John Belcher a copy of this citation, and accompanies this citation a certified copy of plaintiff’s petition.”
Horton was not cited. Judgment by default against all the defendants.
It is not alleged who executed the…
2Cited by2 opinions
- Buster v. StateTexas Supreme Court · 1874
- Dillard v. A. G. McAdams Lumber Co.Court of Appeals of Texas · 1911