Kendall v. Hackworth
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Hackworth, the appellee, brought suit against Kendall, the appellant, in the district court of Fort Bend county, on March 1, 1883. The allegations in the original petition were in substance to the effect that the parties to the suit, in 1874, formed a partnership for the purpose of buying large tracts of land and selling them out in small tracts to settlers.
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Appeal from Harris. Tried below before the Hon. James Masterson. Hackworth, the appellee, brought suit against Kendall, the appellant, in the district court of Fort Bend county, on March 1, 1883. The allegations in the original petition were in substance to the effect that the parties to the suit, in 1874, formed a partnership for the purpose of buying large tracts of land and selling them out in small tracts to settlers. That afterwards they evidenced their agreement by each signing the following memorandum: Richmond, Kov. 9, 1875. “Be -it known, that we, W. E. Kendall and S. A. Hackworth,…
1Opinion of the Court
Walker, P. J., Com. App.
The suit having been brought in Fort Bend county, where jurisdiction rightfully belonged under the case-stated in plaintiff’s original petition, that court would retain its jurisdiction over the case in respect to any supplemental cause of action subsequently engrafted on the original cause of action by an amended petition, unless such amendment set up such additional cause of action fraudulently to deprive the defendant of his personal privilege to litigate it in the county of his residence. To hold otherwise would be to attach a condition to t]p.e right to amend the…
2Cases cited4 opinions
- Boggs v. StateTexas Supreme Court · 1876
- Barkley v.Tarrant CountyTexas Supreme Court · 1880
- Mussina v. ShepherdTexas Supreme Court · 1876
- Pfeiffer v. MaltbyTexas Supreme Court · 1873
3Cited by21 opinions
- Bonner v. HearneCourt of Appeals of Texas · 1889
- Thomas v. EllisonTexas Supreme Court · 1909
- Stansell v. FlemingTexas Supreme Court · 1891
- Spencer v. JonesTexas Supreme Court · 1899
- Eagle Manufacturing Co. v. HanawayTexas Supreme Court · 1897
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