Snoddy v. Cage
Texas Supreme Court
■ Error from Wharton. This suit, was instituted in August, 1847, upon a note of hand executed in the Slate of Alabama, and which fell due in the month of March, 1842. The statute of limitations being pleaded, an amendment to (he petition, ivas filed, alleging that the defendant was without the limits of the Republic (now State) of Texas at the time of the accruing of this action, and continued to be absent therefrom and did not return to the same until within less than four…
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■ Error from Wharton. This suit, was instituted in August, 1847, upon a note of hand executed in the Slate of Alabama, and which fell due in the month of March, 1842. The statute of limitations being pleaded, an amendment to (he petition, ivas filed, alleging that the defendant was without the limits of the Republic (now State) of Texas at the time of the accruing of this action, and continued to be absent therefrom and did not return to the same until within less than four years next preceding the. institution of this suit, to wit, after the 1st day of January, 1840: and further added that…
1Opinion of the Court
Hemphill, Cli. J.
The judgment is charged to be erroneous on the grounds—
That the statute of limitations did not commence to run in favor of the defendant until his immigration to the Republic; and,
That the amendment consists of two distinct allegations, the first of which is in the words of the twenty-second section of the statute of limitations, and clearly takes the case out of the operation of the statute, and brings it within the exception of the section; and,
Were the second allegation of the amendment admitted to be insufficient to support the action, yet the matter contained in the…
2Cited by39 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- City of Tyler v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1906
- L. F. Wilson & Co. v. DaggettTexas Supreme Court · 1895
- Stone v. PhillipsTexas Supreme Court · 1944
- Wheeler v. WheelerIllinois Supreme Court · 1890
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