Legal Opinion

Stewart & Alexander Lumber Co. v. Miller & Vidor Lumber Co.

Court of Appeals of Texas

Decided January 5, 1912Published

Appeal from District Court, Galveston County; Robt. G. Street, Judge. Action by the Miller & Vidor Lumber Company against William A. Holloday and others, in which the Stewart & Alexander Lumber Company intervened. From a judgment sustaining a demurrer to its petition, intervener appeals.

1Opinion of the CourtMcMEANS, J.

The district court of Galveston county, in the case of Miller & Vidor Lumber Company v. William A. Holloday et al., having appointed a receiver of the Hollo-day-Shilkee Lumber Company, the appellant Stewart & Alexander Lumber Company intervened in the cause asking judgment upon two notes executed by said Holloday-Shilkee Lumber Company, and for foreclosure of a chattel mortgage securing the same. The court sustained exceptions to the petition of intervener urged by the plaintiff in the main suit, as well as a general demurrer urged by the receiver, and, the appellant declining to amend,…

2Cases cited10 opinions

  1. Bowen v. Lansing Wagon WorksTexas Supreme Court · 1898
  2. Overstreet v. ManningTexas Supreme Court · 1887
  3. Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
  4. Berkey & Gay Furniture Co. v. Sherman Hotel Co.Texas Supreme Court · 1891
  5. Duerst v. St. Louis Stamping Co.Supreme Court of Missouri · 1901

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