Legal Opinion

Nelms v. C. B. Delhomme, Inc.

Court of Appeals of Texas

Decided November 3, 1960No. 3803PublishedCited by 2 opinions

1Opinion of the Court

WILSON, Justice.

Appellant filed suit in the County Court at Law to recover $500, the amount of a deposit, and exemplary damages. Citation was promptly served on appellees and they answered by general denial. Three months after appellant’s suit was instituted, ap-pellees filed a verified plea asserting that subsequent to the filing of appellant’s suit, they had filed a suit against him for over $2,000 in the district court for a debt “which was owing to defendant by the plaintiff at the time the instant lawsuit was filed.” They alleged the district court suit “is based on the identical issues…

2Cases cited2 opinions

  1. B. Hardeman & Son v. MorganTexas Supreme Court · 1877
  2. Forman v. MassoniCourt of Appeals of Texas · 1943

3Cited by2 opinions

  1. Hunter v. CookCourt of Appeals of Texas · 1964
  2. Pinckard v. Associated Popcorn Distributors, Inc.Court of Appeals of Texas · 1981

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