Matlock v. Glover
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. The first amended original petition of appellees in this cause was filed on. the 17th day of August, 1882, and took the place of the original petition filed May 4, 1882. It begins as follows: “The petition of F. S. Glover and his wife, Hannie J. Glover, . . . who sue for the use of R. A. Morris, . . . and to whom plaintiffs sold, and on the 31st day of December, 1879, transferred the notes hereinafter mentioned and…
Read the full summary
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. The first amended original petition of appellees in this cause was filed on. the 17th day of August, 1882, and took the place of the original petition filed May 4, 1882. It begins as follows: “The petition of F. S. Glover and his wife, Hannie J. Glover, . . . who sue for the use of R. A. Morris, . . . and to whom plaintiffs sold, and on the 31st day of December, 1879, transferred the notes hereinafter mentioned and described, with the agreement and conditioned that if payment of said notes and claims had to be enforced by suit in…
1Opinion of the Court
Walker, P. J. Com. App.
The first ground assigned as error is that the court erred in overruling defendants’ demurrers to plaintiffs’ petition.
It is urged as a proposition to support this assigned error, that, whore a suit is brought in the name of one person for the use of another, the person for whose use the action is brought is the real party to the action, and the one in whose name it is brought is only a nominal party, and the pleading must show a right of action in favor of the real party or it will be subject to a general demurrer; citing McFadin v. MacGreal, 25 Tex., 73; Allen v.…
2Cases cited11 opinions
- Thompson v. CartwrightTexas Supreme Court · 1846
- McMillan v. CroftTexas Supreme Court · 1847
- Brown v. ChenoworthTexas Supreme Court · 1879
- Kottwitz v. BagbyTexas Supreme Court · 1856
- McFadin v. MacGrealTexas Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McClintic v. Midland Grocery & Dry Goods Co.Texas Supreme Court · 1913
- Emerson-Brantingham Implement Co. v. BrothersCourt of Appeals of Texas · 1917
- Knights of MacCabees of the World v. JohnsonCourt of Appeals of Texas · 1912
- Coleman v. LuetckeCourt of Appeals of Texas · 1914
- Mensing Brothers & Co. v. CardwellCourt of Appeals of Texas · 1903
17 more not listed; retrieve them via the Exa API.