Houston, East & West Texas Railway Co. v. Keller
Texas Supreme Court
Error to Court of Civil Appeals for First District, in an appeal from Harris County. Keller sued the railway company to recover the amount of certain claims allowed in favor of interveners in a suit against the old company, in which its property had been placed in the hands of a receiver, sold, and a reorganization effected, the suit being against the reorganized company. Plaintiff recovered judgment for the full amount of his claims.
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Error to Court of Civil Appeals for First District, in an appeal from Harris County. Keller sued the railway company to recover the amount of certain claims allowed in favor of interveners in a suit against the old company, in which its property had been placed in the hands of a receiver, sold, and a reorganization effected, the suit being against the reorganized company. Plaintiff recovered judgment for the full amount of his claims. Defendant appealed, and, the judgment being affirmed, obtained a writ of error."
1Opinion of the Court
GAINES, Chief Justice.
This suit was brought by the defendant in error against the plaintiff in error and one E. S. Jemison, one H. W. Downey, and James Appleby, and was twice tried in the District Court, and upon both trials resulted in a judgment in favor of the plaintiff. Hpon appeal from the judgment first rendered, the Court of Civil Appeals reversed the judgment and remanded the cause. Hpon the second trial demurrers to the petition by Jemison, Downey, and Appleby were sustained, and they were dismissed from the case. Judgment was however rendered for the plaintiff against the defendant…
2Cases cited1 opinion
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
3Cited by5 opinions
- Buckholts v. AlsupCourt of Appeals of Texas · 1932
- Walker v. McKemieSupreme Court of Oklahoma · 1914
- Carter v. Slavick Jewelry Co.Court of Appeals for the Ninth Circuit · 1928
- Travelers Ins. Co. v. GibsonCourt of Appeals of Texas · 1937
- Tevebaugh v. Smith Land Co.Court of Appeals of Texas · 1914