Chapman v. Head

The opinion of this court on a former appeal of this case, reported in 279 S. W. 906, is referred to for a statement of the nature of this litigation. After the case was remanded in accordance with that opinion, appellant filed his first amended, and later his second amended, original petition. James Shaw, banking commissioner of Texas, was substituted as plaintiff. In their third amended original answer appellees demurred generally to appellant’s amended petition, and excepted specially to a portion of paragraph 5 thereof, on the ground that it set up, for the first time, a cause of action…