Texas Supreme Court July 1, 1863 (Pyron v. Butler)

Bell, J.

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