Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 488
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483 HOUSE & Co. AND BURNETT V. COLLINS. [Term of
Statement of the case.
for a scire facias to make Bridges, the administrator, a party
defendant, and for leave to substitute the certified copies from
the Supreme Court for the papers destroyed in 1865. The
scirefacias issued July 20, 1867.
Williams' administrator failed to answer the scirefactias, but
Collins, on March 19, 1868, filed a general demarrer and denial,
and answering specially, alleged:
1. That the plaintiffs, House & Co., had no interest of any
kind in the note on which the original judgment was rendered.
2. That the suit described in the scire facias was never
authorized to be brought by House & Co.
3. That no such judgment, or pretended judgment, was ever
had in manner and form as therein stated.
4. That no person had any authority to institute or prosecute
5. That the proceedings in the original suit were fraudulent.
6. That, by virtue of a power of attorney executed by House
& Co., Collins was authorized to dismiss the scirefacias.
7. Which he moved to dismiss.
This answer, and all the succeeding pleadings in this case,
were filed not only while the original judgment sought to be
revived was unreversed, but also after its affirmance by this
After this answer, John H. Burnett, by leave of the court
below, intervened and alleged:
1. That when this suit was first brought (in 1861) he was
owing House & Co. five hundred dollars, to secure which he
had deposited with them, as collaterals, sundry notes, among
which was the note sued on. (This note was indorsed in blank
by Collins, and transferable by delivery.)
2. That House & Co. authorized him to sue on said note,
which he did.
3. That after the judgment was rendered, and while the writ
of error was pending in the Supreme Court, he discharged his
indebtedness to House & Co., as per exhibit.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/496/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .