Legal Opinion

Neal v. Barbee

Court of Appeals of Texas

Decided May 4, 1916No. 560PublishedCited by 16 opinions

Appeal from Nolan County Court; A. B. Yantis, Judge. Suit by J. S. Grisham against F. J. Neal, the International Produce Company, a partnership, and others. From an order sustaining the plea of privilege of defendant Barbee, against whom defendant Neal pleaded over, and changing the venue, defendant Neal appeals.

1Opinion of the CourtWalthall, J.

This suit was brought by J. S. Grisham in the justice of the peace court, precinct No. 1, Nolan county, upon an account purchased by him of E. J. Neal, who guaranteed its payment to Grisham. Neal was made a party defendant with the International Produce Company, alleged to be a partnership composed of W. W. Barbee and S. S. Eckston. It seems that no service of citation was had on Eckston and he was not a party to the suit. Barbee alone was served. Neal admitted his liability to Grisham and pleaded over against Barbee. Barbee filed a verified plea of privilege to be sued in the precinct of his…

2Cases cited1 opinion

  1. Ward v. OdemCourt of Appeals of Texas · 1913

3Cited by16 opinions

  1. Dowell v. LongCourt of Appeals of Texas · 1920
  2. Cockburn v. LessCourt of Appeals of Texas · 1953
  3. Beale v. CherryhomesCourt of Appeals of Texas · 1929
  4. Latshaw v. McLeanCourt of Appeals of Texas · 1922
  5. Pickens v. LangfordCourt of Appeals of Texas · 1954

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