Wiebusch v. Taylor
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. L. C. Alexander. Appellee and W. J. Barron, as administrators of T. BE. Barron, deceased, brought suit in the district court of Falls county against R. C. Barron, E. G. L. Wiebusch, James Patterson, J. H. McGee, W. L. Mann, Wm. Gordon and R. L. Cox on a note purporting to have been executed by those parties and payable to the above named administrators.
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Appeal from Falls. Tried below before the Hon. L. C. Alexander. Appellee and W. J. Barron, as administrators of T. BE. Barron, deceased, brought suit in the district court of Falls county against R. C. Barron, E. G. L. Wiebusch, James Patterson, J. H. McGee, W. L. Mann, Wm. Gordon and R. L. Cox on a note purporting to have been executed by those parties and payable to the above named administrators. The note was for $1,446.50 and was dated July 25, 1874. W. J. Barron was discharged from the administration during pendency of suit and relieved as plaintiff before final judgment. On September 4,…
1Opinion of the Court
Willie, Chief Justice.
The demurrers to the amended petition were properly overruled. It was no objection to it that it set up a new cause of action. This merely subjected the plaintiff to the payment of all costs of the suit as originally brought and admitted all defenses that might have been set up to the new cause of action, if suit had been originally commenced upon it at the date of filing the amendment.
As to the other objection, the defendants had pleaded that the plaintiff was not entitled to judgment upon the note originally sued on. They claimed that they were not liable upon it…
2Cases cited3 opinions
- McClelland v. SmithTexas Supreme Court · 1848
- Hardin v. BlackshearTexas Supreme Court · 1883
- Shipman v. FulcrodTexas Supreme Court · 1874
3Cited by21 opinions
- First National Bank v. StephensonTexas Supreme Court · 1891
- Goodwin v. Abilene State BankCourt of Appeals of Texas · 1927
- Texas & Pacific Railway Co. v. LillyTexas Supreme Court · 1930
- Kent v. National Supply Co. of TexasCourt of Appeals of Texas · 1931
- McConnell v. Payne & WinfreyCourt of Appeals of Texas · 1921
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