Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3. Page: 57
vi, 659 [660] ; 22 cm.View a full description of this book.
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TIIOUVENIN & CIIASSAIGN VS. IIELZLE. 57
copy of the abstract sanctioned by the law, has no standing in
a court of justice, and confers no right upon which the writ
can be awarded.
The judgment below is affirmed.
THOUVENIN & CIIASSAIGN Vs. LEWIS HELZLE- Appeal from
Liberty County.
An averment in an answer which is not responsive to the petition is not taken
as true until disproved. It must be proved, to render it available to the
party making it.
TAYLOR for appellants.
J. W. HENDERSON for appellee.
Mr. Justice LIPSCOMB delivered the opinion of the court.
The object of the petition in this case was to obtain an in.
junction. It is alleged in the petition that the appellants, and
one A. A. Cardet, then deceased, were members of a firm;
that the defendant, Helzle, was in the employment of the firm;
and that on the 15th day of October, 1841, one of the appellants,
Thouvenin, paid the defendant one hundred and fifty
dollars in cash, and gave him a draft on New Orleans at ten
days sight, for four hundred more, in payment of the entire
amount due to the said defendant for his services to the firm,
and that he had not rendered any service since; that Chassaign,
the other plaintiff, was not in the republic at the time
this transaction took place, and was wholly ignorant of the
same; that on his return to the republic, being so in ignorance
of the settlement made by his partner, Thouvenin, he was
induced by the defendant to give the note of the firm to him
for four hundred and eighty-four dollars, and afterwards confessed
judgment for the amount.
The ireceipt of the defendant, given to Thouvenin, is made
on exhibit to plaintiff's petition, and is as follows: "Ree'd,
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Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28571/m1/63/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .