Tobler v. Stubblefield

Citations

• 32 Tex. 188

Syllabus

<p>1 —I was error to render a judgment by default when the citations were made returnable on a day other than that on which the court was to be holden according to law.</p> <p>2—Where the petition misdescribed the date of the note sued on, a judgment by default was set aside, with leave to the plaintiff to correct the misdescription by amendment.</p> <p>v—A note given for the hire of negroes as slaves, for the year 1808, was founded on a lawful and valid consideration.</p> <p>4—The plaintiff alleged in his petition that he was administrator de bonis non of an estate, and in that capacity he sued upon a note payable to another person as administrator of the same estate. No plea or answer was interposed denying the allegation in the petition. Held, that there was no necessity for the plaintiff to prove the allegation.</p>