27 Tex. 271 | Tex. | 1863
We are of opinion that the court below did not erf in overruling the objection to the admissibility of the notary’s protest and certificate. The petition was not sufficient, if proper exception had been taken to it, because it failed to allege that the defendants were" merchants, or the factors or agents of merchants; and it is only in one of these cases that the statute permits the payee of a bill to fix the liability of the other parties to it, by protest and notice. But the courts cannot look with favor upon objections taken to testimony during the progress of a trial, upon
The judgment of the court below is affirmed.
Judgment affirmed.