McAllen v. Crafts
Court of Appeals of Texas
Appeal from District Court, Cameron County; W. B. Hopkins, Judge. Action by John McAllen and others against Rafaela L. Crafts and others. From a judgment sustaining exceptions to a motion to reinstate the cause after a dismissal for want of prosecution, plaintiffs appeal.
1Opinion of the Court
FLY; C. J.
This is an appeal from a judgment sustaining exceptions to a motion for a reinstatement of this cause which had been dismissed at a preceding term of the court for want of prosecution. There were three plaintiffs in the suit, John McAllen, James B. McAllen, and John Young, and about two months prior to the term of court at which the cause was dismissed John McAllen died and no executor or administrator for his estate had been appointed.
[1-3] Articles 1886 and 1887, Revised Statutes, are not applicable to any ease except one in which there is only one plaintiff, and they are referred…
2Cases cited2 opinions
- De Witt v. Monroe & BrotherTexas Supreme Court · 1857
- Coffee v. BlackTexas Supreme Court · 1878
3Cited by5 opinions
- Rabbit Creek Oil Co. v. Shell Petroleum Corp.Court of Appeals of Texas · 1933
- Turman v. TurmanCourt of Appeals of Texas · 1932
- Crafts v. McAllenCourt of Appeals of Texas · 1917
- Chaffin v. Wm. J. Lemp Brewing Co.Court of Appeals of Texas · 1923
- Chaffin v. Wm. J. Lemp Brewing Co.Court of Appeals of Texas · 1923