Unger v. Anderson's
Citations
- 37 Tex. 550
Syllabus
<p>1. Suit on a joint and several promissory note was brought against appellant and two other makers of it. Appellant pleaded that he and one of his co-defendants were sureties for the third defendant. The court below allowed the plaintiff to dismiss as to the alleged principal and co-surety, without averring that they were dead, insolvent, or beyond the jurisdiction; after which, judgment was recovered against appellant. Held, error to allow the dismissal.</p> <p>2. A petition on a promissory note should aver the making and execution of the note, as well as the ownership of it.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- the failure to raise constitutional claims of trial error on direct appeal precludes review of such claims in any further state court proceeding and thus results in a procedural default in the absence of rare and exceptional circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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