Wyatt v. Jeffries

Texas Supreme Court

Wyatt v. Jeffries

43 Tex. 154

DecidedJuly 1, 1875

StatusPublished

This text of 43 Tex. 154 (Wyatt v. Jeffries) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyatt v. Jeffries, 43 Tex. 154 (Tex. 1875).

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Opinion

Gould, Associate Justice.

The affidavit by appellant that he is unable to give the bond and security for costs [155]*155purports to have been made before the clerk of Columbia county, Arkansas, who affixed the seal of the “Board of Supervisors” as his seal of office. There is no law of this State authorizing such an afficer to administer oaths, and the instrument is not an affidavit within the meaning of the statute. (Shelton v. Berry, 19 Tex., 154, Bouv. L. Dict., Affidavit.) The motion to dismiss is sustained.

Dismissed.

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Gould, Associate Justice.

The affidavit by appellant that he is unable to give the bond and security for costs [155]*155purports to have been made before the clerk of Columbia county, Arkansas, who affixed the seal of the “Board of Supervisors” as his seal of office. There is no law of this State authorizing such an afficer to administer oaths, and the instrument is not an affidavit within the meaning of the statute. (Shelton v. Berry, 19 Tex., 154, Bouv. L. Dict., Affidavit.) The motion to dismiss is sustained.

Dismissed.

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Bluebook (online)

43 Tex. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyatt-v-jeffries-tex-1875.

Opinion

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