Bond v. Mallow
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. Thomas J. Devine. The note was not payable in Guadalupe on its face. It seems, from the instructions of the Court, that the plea of privilege was submitted to the jury with the general issue. The plea was not sworn to ; but there was no exception to it.
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Error from Guadalupe. Tried below before the Hon. Thomas J. Devine. The note was not payable in Guadalupe on its face. It seems, from the instructions of the Court, that the plea of privilege was submitted to the jury with the general issue. The plea was not sworn to ; but there was no exception to it. It seems to have been the opinion of the Court below, that the fact that the land for which the note was given, and against which the plaintiff was asserting his vendor’s lien, lay in Guadalupe, gave the District Court of that county jurisdiction, without regard to the residence of the…
1Opinion of the Court
Hemphill, Ch. J.
Suit on a note by the Bonds, promising to pay Mallow fifteen hundred dollars for a tract of land purchased of him. The note was set out in the petition. The defendants pleaded a general denial, and that they were citizens of Gonzales and not suable in the county of Guadalupe. The *637judgment was for plaintiff for the amount of the notes, and foreclosure of the lien upon the land.
Several errors were assigned, out one of which was insisted upon in argument by the plaintiffs in error, and this was to the effect that the Court erred in its charge, in assuming the debt to be proved…
2Cited by13 opinions
- Alexander v. Houston Oil Field Material Co.Court of Appeals of Texas · 1965
- Supreme Council of A. L. of H. v. AndersonTexas Supreme Court · 1884
- Miner v. Paris Exchange BankTexas Supreme Court · 1880
- Texas & Pacific R'y Co. v. McAllisterTexas Supreme Court · 1883
- Davis v. MarshallTexas Supreme Court · 1860
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