Long v. Smith
Texas Supreme Court
Appeals from Washington. Tried below before the Hon. I. B. McFarland. These two cases, Nos. 735 and 736, grow out of the sainé subject matter and are in reality the same. In No. 735 suit was brought in the county court under the act of 1866, by D. 0. Smith, who alleges that he had been doing business under the name of D. C. Smith & Co., against W. C. Long, for an account.
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Appeals from Washington. Tried below before the Hon. I. B. McFarland. These two cases, Nos. 735 and 736, grow out of the sainé subject matter and are in reality the same. In No. 735 suit was brought in the county court under the act of 1866, by D. 0. Smith, who alleges that he had been doing business under the name of D. C. Smith & Co., against W. C. Long, for an account. After proceeding some time, an amended petition was filed, stating that W. C. Long had been a member of the firm of D. C. Smith & Co., and that he had sold his interest in the account against defendant to said D. C. Smith.…
1Opinion
McAdoo, J.,
on rehearing.—Of these two cases, one is the outgrowth of the other, and they may well be disposed of together.
Original suit was brought by D. C. Smith against the appellant, upon’an account due the late firm of D. C. Smith & Co. This suit was brought in the County Court before that court was merged into the District Court. Judgment was rendered for plaintiff for $338.12.
The defendant took an appeal to the District Court, then in session. At the return term of the District Court—the succeeding term—a motion was made by the plaintiff to dismiss the appeal, because the appeal bond…
2Cases cited4 opinions
- Smith v. RyanTexas Supreme Court · 1858
- Smith v. CheathamTexas Supreme Court · 1854
- Hollis v. BorderTexas Supreme Court · 1853
- Rotzein v. CoxTexas Supreme Court · 1858