Legal Opinion

Mayes v. Magill

Court of Appeals of Texas

Decided January 16, 1908PublishedCited by 9 opinions

Appeal from the District Court of Matagorda County. Tried below before Hon. Wells Thompson.

1Opinion of the Court

McMEAHS, Associate Justice.

The original petition was filed in the court below on May 24, 1902. The names of the plaintiffs were stated as "the firm of Cash & Luckel, composed of B. M. Cash, L. C. Luckel and A. B. Mayes.” On October 17, 1905, an amended petition was filed in which the plaintiffs are named as A. B. Mayes, B. M. Cash and L. C. Luckel, the last two of whom were alleged to compose the firm of Cash & Luckel. The amended petition was excepted to on the ground that it set up an entirely new and different cause of action to that asserted in the original petition as to parties, terms…

2Cited by9 opinions

  1. Fuller v. El Paso Times Co.Texas Commission of Appeals · 1922
  2. Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
  3. Mitchell v. Vulture Mining & Milling Co.Arizona Supreme Court · 1936
  4. McSpadden v. EadsCourt of Appeals of Texas · 1914
  5. Silver Valley Horse v. C. v. Evans Co.Court of Appeals of Texas · 1916

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