Legal Opinion
City Nat. Bank of Galveston v. Young
Texas Commission of Appeals
Decided February 15, 1922No. 279-3517PublishedCited by 4 opinions
Error to Court of Civil Appeals of First Supreme Judicial District. Action by E. H. Young against the City National Bank of Galveston, to vacate a judgment. A judgment for defendant on sustaining general demurrer to the petition was reversed by the Court of Civil Appeals (223 S. W. 340), and the case remanded for new trial, and defendant brings error.
1Opinion of the CourtHamilton, J.
This is an action to vacate a judgment rendered five years before the filing of the suit.
On January 4, 1912, plaintiff in error filed in the district court of Galveston county, Tex., omitting the caption, the following petition:
“The petition of the City National Bank of Galveston, a corporation, plaintiff, complaining of E. H. Young, defendant, respectfully represents:
“That plaintiff and defendant are residents of Galveston county, Tex.
“That heretofore, on, to wit, the 31st day of July, 1911, and on various days prior thereto, defendant became indebted to the Galveston National Bank in the…
2Cases cited2 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Young v. City Nat. Bank of GalvestonCourt of Appeals of Texas · 1920
3Cited by4 opinions
- Higginbotham-Bartlett Co. v. PowellCourt of Appeals of Texas · 1925
- J. M. Radford Grocery Co. v. HalperCourt of Appeals of Texas · 1925
- Proctor v. Walker-Smith Co.Court of Appeals of Texas · 1935
- Economy Filling Station v. Humble Oil & Refining Co.Court of Appeals of Texas · 1928