Groesbeck v. Campbell

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. L. Lindsay. To the Spring Term of the District Court, 1866, R. C. Campbell brought suit against Mrs. M. J. Hannay, maker, and R. B. Hannay and A. Groesbeck, endorsers of a promissory note, of date twenty-eighth of January, 1861. The defendant, Mrs. M. J. Hannay, pleaded failure of consideration.

Cited by 1 later decisions — most recently October 1937

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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Walker, J.

¶1A judgment against a remote endorser after dismissal as to the maker of the note, was erroneous; but this is not a proper case for injunction after more than one year had elapsed from the date of judgment. (Art. 3931, P. D.) Nor was a bill of review the proper remedy. The case should have been brought up on error. (Art. 1489, P. D.; Larson v. Moore, 1 Texas, 27; Seguin v. Maverick, 24 Texas; Lewis v. San Antonio, 26 Texas, 317.)

¶2There is no prayer in the petition for a new trial on the merits. Error of law is all that is complained of.

¶3The judgment of the District Court is affirmed.

¶4Affirmed.