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34 Tex. 152

Jacobs v. Spofford

Texas Supreme Court

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

<p>Error from Colorado. Tried below before the Hon. L. Lindsay.</p>

Decided 1871-07-01

"Walker, J.

¶1The error assigned in this case is that the note sued on was stamped with proprietary stamps; and it is said it might as well have been stamped with postage stamps; we say it might as well not have been stamped at all.

¶2The maker of the note showed a disposition to avoid any fraud against the United States.

¶3We are not told what kind of proprietary stamps were used; but we are left to infer that they are those usuably placed on lucifer match and cigar boxes; this was probably a wrong use of the stamps. The courts of this State will admit a promissory note in evidence, if not stamped at all. The United States must collect her revenue, without assuming to regulate the law of evidence- in the different States.

¶4We are of opinion that delay is properly suggested.

¶5The judgment is affirmed.

¶6Affirmed.

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