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9 Tex. 539

Ayres v. Henderson

Texas Supreme Court

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

Error from Walker. This was an action on a note made by English, the deceased intestate, on the 0th October, 1844, and it became payable on the 1st of November, 1845. Tho petition alleged thatafter the execution of the note tho maker went to tine Slate of Louisiana', where ho resided until he died. Administration was taken out in September, 1SD0, and the note being- presented, duly authenticated, was disallowed.

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

How this case has been cited

Cited by 12 later decisions — most recently June 2007

2 federal appellate · 1 district · 9 state decisions

201853186018701880189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hemphill, Cii. J.

¶1In relation to the refusal of the first charge, we are of opinion that there is no error in the ruling of the court.

¶2There is some plausibility in the assumption that the 22d section of the act was intended to apply only to persons who left tho Republic with the intention of returning, and not to those who removed with no such intention, and who, in fact, never did return. But the object of the section was for tho pro*271tection of domestic creditors. It was to their advantage that their debtors shoul d remain within tire limits of the State. And it was intended to protect them from the inconvcuieucc and loss to which they would be exposed by the absence of their debtors and consequent immunity of the latter from process and judgment. The permanent removal of the debtor would onlyaggravate the evil and hazard to the creditor. But whether the removal be permanent or temporary, the return of tho debtor is within the range of possibilities and in (lie contemplation of the law, and when that event does take place, the creditor can claim the advantage intended by the section in suspending the operation of the statute. Whether any modification should be made of this provision under certain circumstances, as, for instance, where the party leaves properly subject to attachment, is left to the wisdom of the Legislature. There is no exception in tho words of the law, and we are not authorized to admit of any not provided for or intended by tho legislative authority; consequently there was no error in refusing the charge as asked by the defendant.

Nora 95. — Teal v. Ayres, post, 58S; Henderson v. Ayres, 23 T., 96.

¶3Nor is there any error in refusing tho second charge.

¶4The proposition, as presented, has no direct application to the facts of the case. The deceased removed from the State before the note became due, and the statute did not commence to run during- his lifetime. There is no proof of any kind as to the time of his death. If we look to the facts of the case for presumptions as to that period, we may infer that administration was taken out within a reasonable time, a year or two years, for instance, after his death; and consequently, if even the statute did then commence to run, yet the bar would not have been completed prior to the commencement of the action. Without considering whether the charge, as a legal proposition, be correct or otherwise, we are of opinion that there'was no error in refusing to give it under the facts of this case.

¶5Judgment affirmed.

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