Birmingham v. Griffin
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. James II. Rogers. On 21st March, 1871, Hardy Birmingham brought suit in his own name for the use of his sons, G. C. and W. P. Birmingham, to establish a boundary line between the lands of plaintiffs and W. E. Griffin et al., and for rents. The defendants, at return term, demurred, and pleaded not guilty.
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Appeal from Cass. Tried below before the Hon. James II. Rogers. On 21st March, 1871, Hardy Birmingham brought suit in his own name for the use of his sons, G. C. and W. P. Birmingham, to establish a boundary line between the lands of plaintiffs and W. E. Griffin et al., and for rents. The defendants, at return term, demurred, and pleaded not guilty. March 7, 1872, G. C. and W. P. Birmingham filed supplemental petition, showing that in 1866 their father, Hardy Birmingham, had conveyed the lands to them, partió one and part to the other; showing that only Wm. P. Birmingham was interested in the…
1Opinion of the Court
Moore, Associate Justice.
Justice.Hardy Birmingham, in whose name this suit was originally brought, had no interest whatever in the matters in controversy in it. His petition shows that he was not asking the interposition of' the court for his own benefit, but for the use of other parties, who, if interested in the matters alleged in the petition, should have brought the suit in their own names. (80 Tex., 158.) But although the suit was improperly brought in the first instance, the irregularity and improper manner in which it was commenced might, under our liberal system of pleading, have been…
2Cited by5 opinions
- Rocha v. CamposCourt of Appeals of Texas · 1978
- Heard v. VineyardTexas Commission of Appeals · 1919
- Slaughter v. American Baptist Publication SocietyCourt of Appeals of Texas · 1912
- Duncanson v. HowellTexas Commission of Appeals · 1920
- Texas & St. Louis Railway v. NarramoreTexas Supreme Court · 1884