Moody v. Benge & Jewell
Texas Supreme Court
Error from Tarrant. The case was tried before Hon. Hat. M. Burford, one of the district judges. The defendants in error, on the 18th of May, 1860, filed in the District Court of Tarrant county the following petition against the plaintiffs in error: “Your petitioners, Ware, Benge, and H. C. Jewell, citizens of Johnson county, Texas, complain of Thomas O. Moody, a citizen of Tarrant county, Texas.- Petitioners state that they are merchants and partners, trading and doing a…
Read the full summary
Error from Tarrant. The case was tried before Hon. Hat. M. Burford, one of the district judges. The defendants in error, on the 18th of May, 1860, filed in the District Court of Tarrant county the following petition against the plaintiffs in error: “Your petitioners, Ware, Benge, and H. C. Jewell, citizens of Johnson county, Texas, complain of Thomas O. Moody, a citizen of Tarrant county, Texas.- Petitioners state that they are merchants and partners, trading and doing a mercantile business under the name and style of Benge & Jewell. Petitioners state that heretofore, to wit, during the year…
1Opinion of the CourtCoke, J.
—This is a judgment by default, rendered in the District Court of Tarrant county against the plaintiff in error.
The case is submitted by the defendant in error upon a suggestion of delay.
Upon inspection of the record, we find an error patent upon the face of the petition for which the judgment must be reversed. Waiving the question as to whether the allegations of the petition, taken together, are tantamount to an averment of the execution of the note sued on by Moody, the plaintiff in error, of which we think there may be some doubt, there is no averment of a delivery of the note to the…
2Cited by16 opinions
- Missouri Pacific Railway Co. v. HennesseyTexas Supreme Court · 1889
- Western Union Telegraph Co. v. HenryTexas Supreme Court · 1894
- Buttrill v. Occidental Life Ins. Co.Court of Appeals of Texas · 1931
- Western Union Telegraph Co. v. SmithCourt of Appeals of Texas · 1911
- McVey v. City of HoustonCourt of Appeals of Texas · 1925
11 more not listed; retrieve them via the Exa API.