Flanagan v. Pearson
Texas Supreme Court
Appeal from Rusk. Tried below before the lion. A. J. Booty. This cause was before this court on a former appeal. See Pearson v. Flanagan, 52 Tex., 266. The nature of the suit is fully stated in the former report of the case. After the cause was remanded the defendant filed an amended answer setting up the statute of three years’ limitations, and the other defenses relied on at the previous trial.
Read the full summary
Appeal from Rusk. Tried below before the lion. A. J. Booty. This cause was before this court on a former appeal. See Pearson v. Flanagan, 52 Tex., 266. The nature of the suit is fully stated in the former report of the case. After the cause was remanded the defendant filed an amended answer setting up the statute of three years’ limitations, and the other defenses relied on at the previous trial. Verdict and judgment for the defendant, M. Cochran, administrator of the estate of P. H. Pearson.
1Opinion of the Court
Walker, P. J. Com. Apr.—
The court below did not err in treating the litigation in which the parties to the suit of N. J. Moore v. Allen Norris, and in which the parties to this also participated as parties during its pendency, as interposing no impediment or bar to the running of the statute of limitations in favor of the defendant Pearson against the plaintiff in this action. The suit was brought by Moore against Morris, and was dismissed by Moore; or, rather, what was equivalent thereto, dismissed by order of the court for want of the required bond for the costs of suit. During its pendency…
2Cases cited18 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Briscoe v. BronaughTexas Supreme Court · 1846
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Connoly v. HammondTexas Supreme Court · 1882
- Jordan v. ImthurnTexas Supreme Court · 1879
13 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- In Re Poly-America, L.P.Texas Supreme Court · 2008
- Permian Oil Co. v. SmithTexas Supreme Court · 1937
- Benskin v. BarksdaleTexas Commission of Appeals · 1923
- Cobb v. RobertsonTexas Supreme Court · 1905
- Fowler v. SimpsonTexas Supreme Court · 1891
33 more not listed; retrieve them via the Exa API.