State v. Thompson

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Tried below before the Hon. Peter W. Gray. Scire facias on forfeited recognizance of John Henesy and Algernon P. Thompson, for the appearance of said Henesy, to answer a charge of assault and battery. Answer by defendant Thompson, of general demurrer ; that there has been no judgment rendered by this Court against this defendant upon said recognizance, upon which an execution can rightfully issue. At next Term, amended answer, alleging, 1.

Cited by 1 later decisions — most recently November 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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Wheeler, J.

¶1The only error assigned is the overruling of the demurrer to the defendant’s amended plea. But no such ruling appears. It does not appear that the Court acted on the demurrer, or that it was brought to the notice of the Court. According to the settled practice of the Court, therefore it must be deemed to have been waived. (9 Tex. R. 236.) There is no statement of facts ; and it is not deemed that the record presents a case requiring the Court to notice errors not assigned. The judgment is affirmed.

¶2Judgment affirmed.