Hamblen v. Knight
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. Spencer Ford. The original petition in this cause was filed January 21, 1874; the first amendment, October 30, 1877. The second amendment which appeared in the record was filed March 31, 1879, and a trial amendment April 1, 1879. The object of the suit, by W. K. Hamblen, was to enjoin a judgment which had been rendered in the district court of Milam county January 6, 1874, in favor of appellee against appellant and one W. II.
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Appeal from Milam. Tried below before the Hon. Spencer Ford. The original petition in this cause was filed January 21, 1874; the first amendment, October 30, 1877. The second amendment which appeared in the record was filed March 31, 1879, and a trial amendment April 1, 1879. The object of the suit, by W. K. Hamblen, was to enjoin a judgment which had been rendered in the district court of Milam county January 6, 1874, in favor of appellee against appellant and one W. II. White for the sum of $1,607.04, and costs. The original petition and various amendments thereto charged, in effect, that…
1Opinion of the Court
Delany, J. Com. App.
— There is but one assignment of error, which is in substance as follows, viz.: The court erred in sustaining the second, sixth and seventh special exceptions of the defendant to the plaintiff.
The second of these exceptions is as follows: “That the allegations of fraud in the execution of the note sued on, in the original suit upon which judgment was obtained, are too vague and indefinite, and not sufficient in law to impeach said note in this suit.”
The plaintiff’s allegations are that he signed a note for $1,700 as surety for White; that after his signature was placed…
2Cases cited5 opinions
- Fitch v. BoyerTexas Supreme Court · 1879
- Bryorly v. ClarkTexas Supreme Court · 1877
- Eccles v. DanielsTexas Supreme Court · 1856
- Lawler's Heirs v. WhiteTexas Supreme Court · 1863
- King v. RussellTexas Supreme Court · 1874
3Cited by7 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- McEwen v. HarrisonTexas Supreme Court · 1961
- Hamblin v. KnightTexas Supreme Court · 1891
- Griffin v. GalbraithSupreme Court of Oklahoma · 1925
- White v. FerrisCourt of Appeals of Texas · 1916
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