Fulgham v. Chevallier
Texas Supreme Court
Appeal from Nacogdoches. The appellant filed his petition setting out various claims and demands against the defendant, and that the defendant had sued him upon three several notes before a justice of the peace, and had obtained judgment against him thereupon; that on account of the jurisdiction of the justice’s court petitioner was not allowed to plead in reconveution the matters set forth in his petition. lie prayed that defendant be compelled to account, and lie prayed an…
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Appeal from Nacogdoches. The appellant filed his petition setting out various claims and demands against the defendant, and that the defendant had sued him upon three several notes before a justice of the peace, and had obtained judgment against him thereupon; that on account of the jurisdiction of the justice’s court petitioner was not allowed to plead in reconveution the matters set forth in his petition. lie prayed that defendant be compelled to account, and lie prayed an injunction staying execution on tiie judgments rendered by tiie justice of the peace. Tiie injunction was awarded. Tiie…
1Opinion of the CourtLipscomb, J.
If the facts contained in the petition are true, and they must be regarded as true in deciding- on the exception, the plaintiff clearly showed a good cause of action, and it was error to dismiss the suit on the exception. The answer was full in denying- the equities of the petition, and on this ground the defendant would have been entitled to a dissolution of the injunction but not to a dismissal of the petition. That should have remained to be tried upon the issues of fact formed by the petition and answer as in other cases. Had the plaintiff rested his case on evidence to be procured by the…
2Cited by9 opinions
- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
- Kelley v. WhitmoreTexas Supreme Court · 1874
- Love v. PowellTexas Supreme Court · 1886
- Pryor v. EmersonTexas Supreme Court · 1858
- Zurcher v. Krohne, Feiss & Co.Texas Supreme Court · 1885
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