Graham v. Vining
Texas Supreme Court
Appeal from Red River County. This was a suit brought by the appellant, who was plaintiff in the court below, to have a promissory note, executed by the defendant’s intestate (and wbicli the defendant had refused to acknowledge), ranked among the acknowledged debts of the succession. The defendant demurred to the petition and pleaded specially: 1st. That the said note had not been presented to him within the time prescribed by law; and 2d.
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Appeal from Red River County. This was a suit brought by the appellant, who was plaintiff in the court below, to have a promissory note, executed by the defendant’s intestate (and wbicli the defendant had refused to acknowledge), ranked among the acknowledged debts of the succession. The defendant demurred to the petition and pleaded specially: 1st. That the said note had not been presented to him within the time prescribed by law; and 2d. That a former suit between the same parties and embracing the same subject-matter had been adjudged by the same court in favor of the defendant, and the…
1Opinion of the CourtLipscomb, J.
On examining the record in this case it will be found that the subject-matter of the suit was before the court at the last term, in a case between the same parties; and the only difference in the petitions in .the two cases at all material is in this — that in the former petition there was no averment of a presentation to the administrator and of a refusal on his part to acknowledge the claim; whilst in this there is an averment of a presentation to „the defendant, the administrator, and a verbal refusal on the day subsequent to the affirmance of the judgment in favor of the defendant in the…
2Cited by2 opinions
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