Gulf, Colorado & Santa Fe Railway Co. v. Lemons
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Parker County. Lemons sued the railway company for personal injuries and sought to set aside a settlement therefor made by his guardian, during his; minority, under order of the probate court.
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Error to the Court of Civil Appeals for the Second District, in an appeal from Parker County. Lemons sued the railway company for personal injuries and sought to set aside a settlement therefor made by his guardian, during his; minority, under order of the probate court. In reply to a plea of defendant setting up ratification of this settlement by him, after a judgment removing his disability of minority, he attacked that judgment as void because the proceeding was in a county other than his domicile. He recovered judgment and this was affirmed on appeal by defendant, who thereupon obtained…
1Opinion of the CourtJustice Greenwood
This was a suit by T. E.. Lemons, referred to in this opinion as the defendant in error, to recover of the Gulf, Colorado & Santa Fe Bail-way Company, plaintiff in error, damages for personal injuries sustained by defendant in error when a minor. Defendant in error averred that a settlement had been made of his cause of action for said damages, between the guardian of his estate, acting under an order of the probate court, and the railway company, and sought, by means of a certiorari, to revise the settlement, on certain grounds which need not be here stated.
The plaintiff in error plead,…
2Cases cited14 opinions
- Legate v. LegateTexas Supreme Court · 1894
- Lámar v. MicouSupreme Court of the United States · 1885
- Marchant v. Pennsylyania RailroadSupreme Court of the United States · 1894
- Pearson v. WestTexas Supreme Court · 1904
- Lanning v. GregoryTexas Supreme Court · 1907
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3Cited by32 opinions
- Peacock v. BradshawTexas Supreme Court · 1946
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Lamar County Appraisal District v. Campbell Soup Co., Texas Court of Appeals, 6th District (Texarkana)2003
- Mills v. HowardCourt of Appeals of Texas · 1950
- Bates v. SmithTexas Supreme Court · 1956
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