Legal Opinion

Adoue v. Wettermark

Texas Supreme Court

Decided October 11, 1900No. Application No. 2802PublishedCited by 3 opinions

Application for a writ of error to the Court of Civil Appeals for the First District, in an appeal from Nacogdoches County. - Wettermark sued Adoue and Campbell. The suit was dismissed in the trial court as to -Campbell, on his exceptions sustained, and as to Adoue, on his plea to be sued in the county of his residence. Wettermark appealed and questions were certified to the Supreme Court for decision.

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Application for a writ of error to the Court of Civil Appeals for the First District, in an appeal from Nacogdoches County. - Wettermark sued Adoue and Campbell. The suit was dismissed in the trial court as to -Campbell, on his exceptions sustained, and as to Adoue, on his plea to be sued in the county of his residence. Wettermark appealed and questions were certified to the Supreme Court for decision. See Wettermark v. Campbell, 93 Texas, 517. The Court of Civil Appeals then reversed and remanded the ease, and Adoue applies for writ of error.

1Opinion of the Court

GAINES, Chief Justice.

In this case the Court of Civil Appeals reversed the judgment of the trial court and remanded the cause. The applicant for the writ of error, in order to take the case out of the general rule and to show jurisdiction in this court to grant the writ, claims that the decision of the Court of Civil Appeals overrules the decision of this court in the following cases: Neese v. Radford, 83 Texas, 585; Trawick v. Martin-Brown Co., 79 Texas, 460; and Kirbs v. Provine, 78 Texas, 353. In the cases relied upon, two points are determined,—one, that as a general rule, no damages can…

2Cases cited3 opinions

  1. Trawick v. Martin Brown Co.Texas Supreme Court · 1890
  2. Spies v. ProvineTexas Supreme Court · 1890
  3. Neese v. RadfordTexas Supreme Court · 1892

3Cited by3 opinions

  1. Hillkee Corp. v. HarrellCourt of Appeals of Texas · 1978
  2. Oscar v. SackvilleCourt of Appeals of Texas · 1925
  3. White v. StateCourt of Criminal Appeals of Texas · 1920

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