Moore v. Hendrick
Texas Supreme Court
Error from Harrison. Suit commenced November 20th, 1845, on two notes made in Alabama, one falling clue June 2d, 1839, the other January 2d, 1841. Plea of the statute of limitations, amendment of the petition, alleging that the defendant removed to Texas in 1844, and liad not at any time previous thereto been within the limits of the same.
Read the full summary
Error from Harrison. Suit commenced November 20th, 1845, on two notes made in Alabama, one falling clue June 2d, 1839, the other January 2d, 1841. Plea of the statute of limitations, amendment of the petition, alleging that the defendant removed to Texas in 1844, and liad not at any time previous thereto been within the limits of the same. There was a judgment for the defendant, and the only question was whether the statute ran against the cause of action before the removal of the defendant to this State.
1Opinion of the Court
Hemphill, Ch. J.
This action was brought on two notes of hand, one of which became due on the second day of June, 1839, and the other readied maturity on the second (lay of January, 1841. The petition was filed on the 2l)th November, 1845. There is an accumulated mass of pleadings, demurrers, replications, amendments, exceptions, &c., in tliis case which require no particular notice. The statute of limitations was pleaded, and the plea being sus*128tained, verdict by consent was entered as on the findingo£ the jury. The only point in dispute is whether the claim against the deceased intestate was.…
2Cited by4 opinions
- Gibson v. NadelCourt of Appeals for the Fifth Circuit · 1947
- Lynch v. Alex. Ortleib & Co.Texas Supreme Court · 1895
- Kuhlman v. DicksonCourt of Appeals of Texas · 1921
- Greer, Mills & Co. v. Gill, Harris & Co.Court of Appeals of Texas · 1896