Cherryhomes v. Carter

Citations

• 66 Tex. 166
• 18 S.W. 443
• 1886 Tex. LEXIS 473

Syllabus

<p>1. Usury—Affidavit—Four of five co-defendants answered by a plea of usury, which was sworn to only by the defendant who did not plead it. Held: An exception to the plea was properly sustained. (R. S., art. 2981.)</p> <p>2. Same—Agency—There is no presumption of law that one of several co-defendants is agent for the others to make a defense in which he does not join. When an affidavit is made in the course of a judicial proceeding by one person in behalf of another, his authority should be made to appear from the record, or it will not serve for the oath of the proper party.</p>