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19 Tex. 236

Huston v. Deen

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Tried below before the Hon. Archibald W. 0. Hicks. Suit by Calloway Been, administrator of Sebastin Francois, commenced September 12th, 1855, to revive a judgment recovered by him on the 2nd day of May, 1850, against Almanzon Huston.

Decided 1857-07-01

Wheeler, J,

¶1The amended plea was manifestly insufficient. It does not allege that the defendant had ever taken any steps to carry into effect the alleged agreement; or that he *238could prove by Phillips or any other witness, any matter which would entitle him to a reduction of the judgment. If any valid agreement had been made between himself and the plaintiff, as alleged, it devolved on him to show that it was not Ms fault that it had not been carried into effect.

¶2The Court did not err in Sustaining the exceptions, and the judgment is affirmed.

¶3Judgment affirmed.

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