Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1884, and the Galveston term, 1885. Volume 63. Page: 41
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1885.] DUNLAP V. SOUTHERLIN. 41
Opinion of the court.
The record in that case was offered in evidence, and there is nothing
tending to show that any part of the record has been lost or
destroyed.
That record shows the petition as before stated, the note sued on,
citation and return showing proper service, and answer filed for the
defendant, consisting of general demurrer and general denial, and
subpoenas for witnesses issued for the defendant.
On the petition, in the handwriting of counsel who represented
Southerlin, Warren & Co., who also represents the appellees in this
case, the following indorsement is found: "Submitted to court;
judgment for plaintiff, note and interest, October 16, 1871."
Counsel who represented Southerlin, Warren & Co. testified in
this case, and stated in substance that he knew of no other pleadings
than such as are now found in the record, and that he knew of
no agreement that judgment should be taken in favor of L. S.
Southerlin, who is not shown to have been a party in any way to
the suit. In fact, the existence of such a person, to say the least of
it, is rendered exceedingly doubtful by the evidence of the attorney
who represented Southerlin, Warren & Co., who seems to have no
knowledge of such a person by reputation or otherwise, as well as
by other evidence which is found in the record.
October 16, 1871, in cause No. 3669, the following judgment was
entered:
L. S. SOUTHERLIN
3669 v. }.ss. October 16, 1871.
S. M. DUNLAP.
"This day came the parties by their attorneys, and by consent a
jury was waived, and the cause is submitted to the court, and thereupon
the argument of counsel being had, and the matters and
things being seen and by the court fully understood, and it is considered
by the court that the plaintiff do have and recover of the
defendant the sum of ($1,391) one thousand three hundred and
ninety-one dollars, principal and interest, with interest thereon from
this day at the rate of eight per cent. per annum, and all costs of
suit, and that they have their execution."
The appellant pleaded and proved that he settled the claim of
Southerlin, Warren & Co. with them about the year 1874, by paying
twenty per cent. of the face of the original debt.
Southerlin, Warren & Co. intervened in this cause, but, with
leave of the court, afterwards withdrew their intervention, the appellant
objecting thereto.
It will be observed that there is nothing in the entire record
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1884, and the Galveston term, 1885. Volume 63., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28511/m1/65/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .