McFadin v. MacGreal
Texas Supreme Court
Error from Brazoria. Tried below before the Hon. George W. Smith. This suit was brought on the 10th day of September, 1858. The petition, so far as it need be set out, was in substance as follows: “ The petition of James McEadin, who resides in the county of Smith, in the State aforesaid, and who sues for the use of Jack Davis, who is also a resident of said county of Smith, complaining and moving against Peter MacGreal, who is an attorney and counsellor-at-law, and who…
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Error from Brazoria. Tried below before the Hon. George W. Smith. This suit was brought on the 10th day of September, 1858. The petition, so far as it need be set out, was in substance as follows: “ The petition of James McEadin, who resides in the county of Smith, in the State aforesaid, and who sues for the use of Jack Davis, who is also a resident of said county of Smith, complaining and moving against Peter MacGreal, who is an attorney and counsellor-at-law, and who resides in the county of Brazoria aforesaid, in the State aforesaid, and within the jurisdiction of this honorable court,…
1Opinion of the CourtWheeler, C. J.
There is one obvious view of this case, taken by counsel for the appellant, which, in our opinion, must be decisive of it, and will supersede the necessity of further inquiry; and that is, that the recovery is against a person who was not a real party to the suit, and has had no opportunity afforded him to make his defence. He has been treated by the defendant as plaintiff, and the recovery obtained against him upon a plea in reconvention. Did he occupy a position upon the record which entitled the defendant to reconvene upon him? We think clearly not. He had asserted no demand of his against…
2Cases cited3 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- Steele v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
- Partridge v. GordonMassachusetts Supreme Judicial Court · 1819
3Cited by14 opinions
- Texas MacHinery & Equipment Co. v. Gordon Knox Oil & Exploration Co.Texas Supreme Court · 1969
- Pace v. EoffTexas Commission of Appeals · 1932
- Zachry v. Robertson Dba.Texas Supreme Court · 1948
- Matlock v. GloverTexas Supreme Court · 1885
- Perkins v. TerrellCourt of Appeals of Texas · 1919
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