Legal Opinion

Texas & P. Ry. Co. v. Chatwin Bros.

Supreme Court of Louisiana

Decided April 13, 1914No. 20,558PublishedCited by 3 opinions

Action by the Texas & Pacific Railway Company against Chatwito Bros. The plaintiff company’s exception to a plea in reconven tion was overruled, and it applies for prohibition, mandamus, and certiorari.

1Opinion of the CourtSommerville, J.

Plaintiff, a foreign corporation, domiciled in Dallas, Tex., and doing business in that state and in Louisiana, after having declared that its place of business in this state was in New Orleans, where it has an authorized agent upon whom process may be served (Constitution, art. 264; Act No. 54 of 1904, p. 133), sued defendants, domiciled in Caddo parish, in the court of that parish.

Defendants answered, denying plaintiff’s claims, and reconvened, claiming damages from plaintiff for failure to execute a contract to deliver freight, and for several alleged torts.

Suits for these damages claimed…

2Cases cited2 opinions

  1. Eichhorn v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901
  2. Clark's Cove Fertilizer Co. v. Stever, New York County Courts1899

3Cited by3 opinions

  1. Ellington v. Ellis & DorsettLouisiana Court of Appeal · 1925
  2. Davis v. Oil State Lumber Co.Louisiana Court of Appeal · 1925
  3. Lewis Hardware Co. v. GremillionLouisiana Court of Appeal · 1953

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