Mussina v. Shepherd
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This suit was originally commenced by George Goldthwaite, as trustee, against the Houston City Mills Manufacturing Company, to foreclose a deed of trust given by said company upon its property and franchises, to secure the payment of certain bonds executed by said company. The company was served with process to answer the suit of said Goldthwaite, but made no appearance or defense.
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Appeal from Harris. Tried below before the Hon. James Masterson. This suit was originally commenced by George Goldthwaite, as trustee, against the Houston City Mills Manufacturing Company, to foreclose a deed of trust given by said company upon its property and franchises, to secure the payment of certain bonds executed by said company. The company was served with process to answer the suit of said Goldthwaite, but made no appearance or defense. During the progress of the cause Simon Mussina filed a petition and amended petitions, as intervenor, representing that he was a stockholder in said…
1Opinion of the Court
Ireland, Associate Justice.
From the length of time *627this case has been before this court it is to be regretted that it is now found to be in a condition that precludes us from deciding the case on the merits.
The jury were told to ascertain the amounts advanced by the respective parties. They found all the issues, as far as they went, in favor of the plaintiffs. There is, however, nothing in the verdict from which the court could determine what amount plaintiffs had advanced to defendant on the bonds or otherwise. The court, however, treating the auditor’s report, which had not been impeached,…
2Cases cited1 opinion
- Whitehead v. PerieTexas Supreme Court · 1855
3Cited by6 opinions
- Silliman v. GanoTexas Supreme Court · 1897
- Kendall v. HackworthTexas Supreme Court · 1885
- Missouri, K. & T. Ry. Co. of Texas v. PaceCourt of Appeals of Texas · 1916
- Wofford v. LaneCourt of Appeals of Texas · 1914
- Livezey v. Putnam Supply Co.Court of Appeals of Texas · 1930
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