W. F. Stewart & Co. v. Gordon
Texas Supreme Court
Error from Orange. Tried below before the Hon. Stephen Chenault, special judge. On July 12, 1882, John Gordon, the appellee, instituted this suit, in the district court of Orange county, against W. F. Stewart & Co. and J. A. Bell, to recover $600 for services rendered, and the further sum of $5,000 as damages for malicious prosecution.
Read the full summary
Error from Orange. Tried below before the Hon. Stephen Chenault, special judge. On July 12, 1882, John Gordon, the appellee, instituted this suit, in the district court of Orange county, against W. F. Stewart & Co. and J. A. Bell, to recover $600 for services rendered, and the further sum of $5,000 as damages for malicious prosecution. The original petition alleged that, on July 31,1880, W. F. Stewart, H. Beissner and C. H. Moore, citizens of Galveston county, engaged in business, in the county of Orange, as manufacturers and dealers in lumber, under the firm name of W. F. Stewart & Co., and…
1Opinion of the Court
Stayton, Associate Justice.
The plea to the jurisdiction, filed by the persons who composed the firm of W. F. Stewart & Co., negatived the fact that their association was other than partners. It alleged the residence of each of them in the county of Galveston, at the time the action was brought, and its continuance for a long time prior thereto until the filing of the plea.
It asserted that Bell, who was a resident of Orange county, was no party to the contract sued upon, and that he was made a party defendant for the fraudulent purpose of conferring jurisdiction on the court. It denied that…
2Cited by40 opinions
- Atkinson v. Jackson Bros.Court of Appeals of Texas · 1923
- Negociacion Agricola Y Ganadera De San Enrique, S. A. v. LoveCourt of Appeals of Texas · 1920
- Frey v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1894
- Bering Mfg. Co. v. W. T. Carter & Bro.Texas Commission of Appeals · 1925
- Kelsey v. MyersCourt of Appeals of Texas · 1930
35 more not listed; retrieve them via the Exa API.