Holloway v. Blum
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. L. W. Moore. Adiline Holloway, joined by her husband, F. H. Holloway, brought this suit in the district court of Fayette county, on the 22d day of January, 1883, against the appellant T. P. Holloway and against the firm of Heard, Tuttle & Holloway, composed of appellant and two others. The object of the suit was to recover the amount of a note made to plaintiffs by the appellant and indorsed by that firm.
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Appeal from Fayette. Tried below before the Hon. L. W. Moore. Adiline Holloway, joined by her husband, F. H. Holloway, brought this suit in the district court of Fayette county, on the 22d day of January, 1883, against the appellant T. P. Holloway and against the firm of Heard, Tuttle & Holloway, composed of appellant and two others. The object of the suit was to recover the amount of a note made to plaintiffs by the appellant and indorsed by that firm. The defendant T. P. Holloway, in his answer to plaintiffs’ suit, asked that Leon & H. Blum be made parties, alleging that on the 1st day of…
1Opinion of the Court
West, Associate Justice.
The appellees were in no manner connected with the original suit against the appellant and others. They were not made parties to it. In fact, they could not have been properly made parties to it, as, under the allegations of the original petition, they sustained no such legal or equitable relations to the original plaintiffs as would have authorized a suit against them by the plaintiffs, even in the county of Galveston. They were then neither necessary nor proper parties to the action, under the facts of the case as developed on the trial.
The contract of the appellees…
2Cases cited10 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Peters v. ClementsTexas Supreme Court · 1876
- Denison v. LeagueTexas Supreme Court · 1856
- Cohen v. MunsonTexas Supreme Court · 1883
- Houston & Texas Central Railroad v. SmithTexas Supreme Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- First Nat. Bank of Coleman v. GatesCourt of Appeals of Texas · 1919
- American Type Founders Co. v. NicholsTexas Supreme Court · 1919
- American Type Founders' Co. v. NicholsTexas Supreme Court · 1919
- St. Louis Southwestern Railway Co. v. McKnightTexas Supreme Court · 1905
- Allison v. HamicTexas Commission of Appeals · 1924
21 more not listed; retrieve them via the Exa API.