Wheeler v. Goffe
Texas Supreme Court
Error from Goliad. Tried below before the Hon. Fielding Jones. This was a suit by J. 0. Wheeler against J. M. Goffe, executor of John T. Campbell, deceased, and J. L. Gossete and H. W. Campbell, his sureties, to recover the sum of $100, with interest thereon from the 1st of June, 1853. In the plaintiff’s petition, filed the 2d of October, 1858, he averred, in substance, that as a creditor of the estate of John T. Campbell, deceased, he was entitled to a lien upon a draft,…
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Error from Goliad. Tried below before the Hon. Fielding Jones. This was a suit by J. 0. Wheeler against J. M. Goffe, executor of John T. Campbell, deceased, and J. L. Gossete and H. W. Campbell, his sureties, to recover the sum of $100, with interest thereon from the 1st of June, 1853. In the plaintiff’s petition, filed the 2d of October, 1858, he averred, in substance, that as a creditor of the estate of John T. Campbell, deceased, he was entitled to a lien upon a draft, due the said Campbell in his lifetime, by the post office department; that upon his application for that purpose, the said…
1Opinion of the CourtRoberts, J.
The demurrer seems to have been properly sustained, as the plaintiff below showed that he had an ample and appropriate remedy in the County Court, and was under no necessity to resort to the District Court. (O. & W. Dig. Art. 835.)
The record shows that the plaintiff below, by his counsel, dis*662missed the case at the Spring Term of the District Court, for 1859. At the Fall Term, 1859, a motion was made and sustained, to amend the judgment entered in the case, so as to show that the suit was dismissed, upon the demurrer, by the court, and a judgment was accordingly entered, nune fro tunc. This…
2Cases cited1 opinion
- McNairy v. CastleberryTexas Supreme Court · 1851
3Cited by5 opinions
- Williams v. PittsTexas Supreme Court · 1952
- Wallace v. CasonSupreme Court of Georgia · 1871
- Hamilton v. HamiltonCourt of Appeals of Texas · 1920
- Kile v. ArringtonCourt of Appeals of Texas · 1929
- Hamilton v. HamiltonCourt of Appeals of Texas · 1920