Dial v. Collins
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The original petition of Dial against Collins was filed October 26, 1865. The first trial of the case was at the June term, 1868, at which time Dial, as plaintiff, and Collins, as defendant, were the only parties to the suit. Pope’s intervention was filed December 9, 1869, some eighteen months after the first trial and first allowance of a new trial to Collins.
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Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The original petition of Dial against Collins was filed October 26, 1865. The first trial of the case was at the June term, 1868, at which time Dial, as plaintiff, and Collins, as defendant, were the only parties to the suit. Pope’s intervention was filed December 9, 1869, some eighteen months after the first trial and first allowance of a new trial to Collins. The second trial as to Collins, but first trial as to Pope, was at the June term, 1871; verdict rendered June 16, 1871. Judgment followed against defendant Collins and…
1Opinion
On Rehearing.
McKay & Blackburn, for appellant. — The practice of allowing intervention in suits between third parties has been brought into our peculiar system from the civil law. We have no statutes upon the subject and but a few decisions, yet enough has been decided to settle this case. *372In the case of Eccles v. Hill, 13 Texas, 67, the court says : ‘ ‘ The rules in regard to the plea of intervention are (at least some of them) not well settled. There is- no doubt that, under our system, which abhors a multiplicity of suits, a third party may intervene in a suit between others for the…
2Cases cited7 opinions
- Goss v. McClarenTexas Supreme Court · 1856
- Ecoles v. HillTexas Supreme Court · 1854
- Spencer v. KinnardTexas Supreme Court · 1854
- Ward v. WardTexas Supreme Court · 1873
- Owens v. StateTexas Supreme Court · 1872
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