SHERER v. BENCH

No. 19128.

549 S.W.2d 57 (1977)

David M. SHERER, Appellant, v. Herbert G. BENCH, Appellee.

Court of Civil Appeals of Texas, Dallas.

March 24, 1977.


Attorney(s) appearing for the Case

Robert A. McCulloch, Vial, Hamilton, Koch, Tubb, Know & Stradley, Dallas, for appellant.

Russell W. Schell, Thompson, Coe, Cousins & Irons, Dallas, for appellee.


GUITTARD, Chief Justice.

In this suit on a promissory note, summary judgment was rendered for plaintiff. Defendant appeals on the ground that the summary-judgment proof fails to establish that plaintiff is the owner and holder. We hold that the proof is lacking in this respect because, although a purported affidavit in support of the motion states that the original note is attached, the certificate by the notary is in the form of an acknowledgment rather than a jurat...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases