Crawford v. Carothers
Texas Supreme Court
Error from Travis. Tried below before the Hon. Fred. Carleton, special judge. This was an action upon a warranty of title. The first amended original petition alleged defendant, Crawford, to be a resident of Nebraska, and sought to recover the value of certain cattle bought of him by plaintiff, which proved to have been stolen by Crawford’s vendors.
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Error from Travis. Tried below before the Hon. Fred. Carleton, special judge. This was an action upon a warranty of title. The first amended original petition alleged defendant, Crawford, to be a resident of Nebraska, and sought to recover the value of certain cattle bought of him by plaintiff, which proved to have been stolen by Crawford’s vendors. May 30, 1884, plaintiff filed a supplemental petition alleging that “since the filing of the original petition defendant, Crawford, has returned to the state, and he is now in the county of Harris, in said state.” October 24, 1884, defendant filed…
1Opinion of the Court
Robertson, Associate Justice.
The plaintiff’s suit was founded in part upon two written contracts, and the defendant’s plea of privilege did not deny that he had not engaged in both to pay the sums sued for in Travis county. According to previous decisions of this court the omission of this averment was fatal to the defendant’s plea. Breen v. Railway Company, 44 Tex., 302; Stark v. Whitman, 58 Tex., 375; Railway Company v. Graves, 50 Tex., 181. But the court is urged to revise the ruling in those cases. That is wholly unnecessary in this, as the defendant’s plea is bad by any rule. The venue…
2Cases cited4 opinions
- Breen v. Texas & Pacific Railway Co.Texas Supreme Court · 1875
- Brown v. BouldenTexas Supreme Court · 1857
- Houston & Texas Central Railroad v. A. G. Graves & Co.Texas Supreme Court · 1878
- Stark v. WhitmanTexas Supreme Court · 1883
3Cited by6 opinions
- Snyder v. PittsTexas Supreme Court · 1951
- Boothe v. FiestTexas Supreme Court · 1891
- Eppenauer v. SchrupCourt of Appeals of Texas · 1938
- Tignor v. ToneyCourt of Appeals of Texas · 1896
- Noel v. DenmanTexas Supreme Court · 1890
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