National Union Fire Ins. Co. v. Littlejohn
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action, by E. P. Littlejohn against the National Union Fire Insurance Company, with cross-action by said Company against F. L. Martin and another. From an order transferring the cross-action to another county, said Company appeals. The suit was filed by the appellee Little-john as plaintiff against the appellant insurance company in Harrison county.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action, by E. P. Littlejohn against the National Union Fire Insurance Company, with cross-action by said Company against F. L. Martin and another. From an order transferring the cross-action to another county, said Company appeals. The suit was filed by the appellee Little-john as plaintiff against the appellant insurance company in Harrison county. The petition alleges that the plaintiff resides in Harrison county; that the defendant is a foreign corporation having a local agent upon whom service could be had in Harrison…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] Subdivision 4 of article 1830, R. S., provides that, when there are several defendants residing in different counties, suit may be filed in any county where one of them resides. Cobb v. Barber, 92 Tex. 309, 47 S. W. 963. And in determining whether or not the new parties attempted to be made defendants after original suit is filed fall within the class of necessary or proper parties so as to make applicable the subdivision supra, the pleadings may usually be looked to. Oil Co. v. Robinson, 50 S. W. 1054; Goggan Bros. v. Morrison, 163 S. W. 119; Russell &…
2Cases cited7 opinions
- Cobb v. BarberTexas Supreme Court · 1898
- Hickman v. SwainTexas Supreme Court · 1914
- Thomas Goggan & Bros. v. MorrisonCourt of Appeals of Texas · 1913
- United States Fidelity & Guaranty Co. v. FossatiTexas Supreme Court · 1904
- Rutledge v. EvansCourt of Appeals of Texas · 1920
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3Cited by4 opinions
- O'Quinn v. TateCourt of Appeals of Texas · 1945
- Burgess v. AdamsCourt of Appeals of Texas · 1925
- National Union Fire Ins. Co. v. LittlejohnCourt of Appeals of Texas · 1923
- National Union Fire Ins. v. MartinCourt of Appeals of Texas · 1924