Legal Opinion

Cooney v. Van Deren

Court of Appeals of Texas

Decided February 10, 1916No. 519PublishedCited by 1 opinion

Error from District Court, Reeves County; S. J. Isaacks, Judge. Action by F. O. Van Deren and others against P. Albert Cooney. Judgment for plaintiffs, and defendant brings error.

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Error from District Court, Reeves County; S. J. Isaacks, Judge. Action by F. O. Van Deren and others against P. Albert Cooney. Judgment for plaintiffs, and defendant brings error. This suit was filed on October 7, 1913, in the district court of Reeves county, Tex., by Frank O. Van Deren, as trustee, by Charles H. Thorpe, as his attorney in fact, and Clell Q. Thorpe, against P. Albert Cooney, all alleged to be nonresidents of this state, alleging that on the 5th of June, 1911, the plaintiff Van Deren entered into a written contract with the plaintiffs, of date 5th of June, 1911 (supposedly in…

1Opinion of the Court

■WALTHALL, J.

(after stating the facts as above). The transcript in this case is quite lengthy, containing in all some 556 pages, and we have stated the above as a basis for what we might say. We have concluded that this case must be reversed and remanded, and we deem it unnecessary to consider any of the 25 assignments of error.

To the amended petition, the defendant Cooney undertook to reply, but his answer was contained in the eight pages struck out by the court on motion, leaving Oooney without answer to the amended petition, in which new parties and many facts additional to the facts…

2Cases cited7 opinions

  1. Morrison v. WalkerTexas Supreme Court · 1858
  2. S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
  3. Ward v. LathropTexas Supreme Court · 1854
  4. Avery v. I. Popper & Bro.Texas Supreme Court · 1898
  5. Lee v. HamiltonTexas Supreme Court · 1854

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Jenness v. First Nat. Bank of GreenvilleCourt of Appeals of Texas · 1923

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