Porter v. Buckholts

Citations

• 32 Tex. 487

Syllabus

<p>1—By the proclamation of Provisional Governor Hamilton, the courts of this State were open for the assertion of rights in the month of August or September, 1865, and suits were authorized to he prosecuted in all the District Courts at the Fall term of that year, with only a restriction on the issuance of executions.</p> <p>8—The holder of a note due January 1st, 1868, brought suit in April, 1866, against an indorser of the note, without giving any reason why the suit was not sooner brought. Held, that the statutory diligence to fix the indorser’s liability by suit is wanting. The action should have been brought to the Fall term, I860; and the failure to bring it to that term, or to assign some valid reason for not doing so, operates a release to the defendant.</p>