Rush v. Bishop
Texas Supreme Court
Error from Karnes. Tried below before the Hon. H. Clay Pleasants. Bishop brought this suit against Rush and two others for contribution on an administrator’s bond, upon which all were sureties, alleging the execution of the bond, death and insolvency of the principal.
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Error from Karnes. Tried below before the Hon. H. Clay Pleasants. Bishop brought this suit against Rush and two others for contribution on an administrator’s bond, upon which all were sureties, alleging the execution of the bond, death and insolvency of the principal. Suit and judgment against some of the sureties in the federal court, and the payment of the same by him; also admitted a payment to him by Burris, one of the sureties; prayed for an adjustment of the equities between the parties, and judgment accordingly. Allegation that Rush lived in Wise, and the other two sureties in Karnes…
1Opinion of the Court
Watts, J. Com. App.
But one question is presented by the record’ for determination, and that is, Was the plaintiff in error properly joined as a defendant in this suit? The statute provides that where there are two or more defendants residing in different counties, the suit may be brought in the county where either of the defendants resides. If, therefore, the several defendants could be joined in this-case, then, undoubtedly, the suit was properly brought against all the defendants in Karnes county.
As was truly remarked by the court in Clegg v. Varnell, 18 Tex., 301, “ The rule against…
2Cases cited3 opinions
- Clegg v. VarnellTexas Supreme Court · 1857
- Tutt v. ThorntonTexas Supreme Court · 1882
- Foster v. JohnsonSupreme Court of Vermont · 1833
3Cited by12 opinions
- Hume v. PerryCourt of Appeals of Texas · 1911
- Bear v. Houston & T. C. Ry. Co.Court of Appeals of Texas · 1924
- Citizens' Nat. Bank of Abilene v. OverstreetCourt of Appeals of Texas · 1931
- Slaton v. AnthonyCourt of Appeals of Texas · 1911
- Carlton v. NewtonCourt of Appeals of Texas · 1931
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