Horton v. Wheeler
Texas Supreme Court
Error from San Augustine. Tried below before the Hon. A. W. 0. Hicks. Suit by Otis M. Wheeler and another against Alexander Horton, Reuben D. Wood, Robert W. Martin, Donal McDonald and Burwell J. Thompson, on their joint and several promissory note. All the defendants were residents of San Augustine County ; were served and answered ; Alexander Horton separately, the other defendants jointly.
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Error from San Augustine. Tried below before the Hon. A. W. 0. Hicks. Suit by Otis M. Wheeler and another against Alexander Horton, Reuben D. Wood, Robert W. Martin, Donal McDonald and Burwell J. Thompson, on their joint and several promissory note. All the defendants were residents of San Augustine County ; were served and answered ; Alexander Horton separately, the other defendants jointly. When the case was called for trial, the plaintiff dismissed as to Reuben D. Wood, whereupon the other defendants moved that the suit be dismissed as to them, because of the dismissal as to Wood ; motion…
1Opinion of the CourtWheeler, J.
As a general rule, all exceptions to the proceedings in a cause in any Court, which are merely dilatory in their object, must be taken at once, and at the first opportunity ; or they will not be entertained. Such objections are regarded by the law with disfavor, because they delay the trial upon the merits ; and the omission to urge them at the proper stage of the proceedings, will‘deprive the party of the right to be heard to urge them, unless it be, where, to deny the right, would be to sanction an obvious violation of law, (1 Tex. R. 225,) or where the objection brings in question the…
2Cited by7 opinions
- Miller v. SullivanTexas Supreme Court · 1896
- Shipman v. AlleeTexas Supreme Court · 1867
- Keithley v. SeydellTexas Supreme Court · 1883
- Tinkham v. WrightCourt of Appeals of Texas · 1914
- Krightley v. SeydellTexas Supreme Court · 1883
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