Russell v. Koennecke
Court of Appeals of Texas
Error from District Court, Gillespie County; N. T. Stubbs, Judge. Partition suit by A. E. Russell against Albert Koennecke. A general demurrer was sustained to plaintiff’s petition, and he brings error.
1Opinion of the CourtFly, C. J.
Plaintiff in error sought a partition of 150 acres of land, “more or' less out of survey 27 in the name of Matilda Rivers” in Gillespie county. A general demurrer to the petition’ was sustained, and, as recited in the judgment, “plaintiff refusing to amend, it was further ordered and adjudged that this case be and is dismissed.” No notice of appeal from the judgment was given by plaintiff. On the day after the judgment was rendered, plaintiff filed a paper denominated “Trial Amendment.” The record fails to show that the pleading was filed by leave of the court or was ever brought to its…
2Cases cited3 opinions
- Gorman v. CampbellCourt of Appeals of Texas · 1911
- Russell v. KoenneckeCourt of Appeals of Texas · 1916
- Oliver v. OliverCourt of Appeals of Texas · 1916
3Cited by2 opinions
- Intercity Investments Co. v. PlowmanCourt of Appeals of Texas · 1976
- Bledsoe v. HoodArizona Supreme Court · 1934