Legal Opinion

Barker v. Merchants National Bank

Texas Supreme Court

Decided January 21, 1895No. 518PublishedCited by 1 opinion

Application for writ of error to Court of Civil Appeals for Second District, in an appeal from Wilbarger County. The opinion gives the facts.

1Opinion of the Court

GAINES, Chief Justice.

The Merchants National Bank of Fort Worth brought this suit against W. N. Barker and others, applicants for the writ of error. On the 7th day of April, 1891, the suit was dismissed for want of prosecution, but at the same time was reinstated on motion of the plaintiff below, the defendant in this application. At the next term of the court the defendants moved to strike the case from the docket, on the ground that the order reinstating the case was conditional. The motion was overruled and the case went to trial, and resulted in a judgment for defendants.

The plaintiff…

2Cases cited1 opinion

  1. Secrest v. BestTexas Supreme Court · 1851

3Cited by1 opinion

  1. Frick v. International & G. N. Ry. Co.Court of Appeals of Texas · 1918

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