Legal Opinion

Combination Fountain Co. v. Rogers

Court of Appeals of Texas

Decided May 10, 1916No. 988PublishedCited by 9 opinions

Appeal from Dallas County Court at Law; T. A. Works, Judge. Suit by the Combination Fountain Company against Cecil Rogers and others. From a judgment for the named defendant, setting aside a default judgment previously rendered against him, reinstating the cause upon the docket, expressly granting defendant permission to file his answer, and ordering the case to be tried as if answer had been originally filed, plaintiff appeals.

1Opinion of the CourtHall, J.

On February 27, 1914, the Combination Fountain Company sued A. J. Foster, J. A. Duckett, C. L. McNess, and appel-lee, charging that appellee and Foster were, on certain dates, copartners, doing business under the name of Southern Sales Company, and that they were afterwards succeeded by defendants Duckett and McNess, who also operated under the same name. Citations were duly issued and served upon each of the defendants, requiring them to answer at the May term of the court, 1914, at which term, on May 7th, default judgment was rendered against appellee, Rogers, which was thereafter made…

2Cases cited5 opinions

  1. Ward v. WalkerCourt of Appeals of Texas · 1913
  2. Watts v. BruceCourt of Appeals of Texas · 1903
  3. Janes v. LanghamTexas Supreme Court · 1871
  4. Calvert, Waco & Brazos Valley Railway Co. v. DriskillCourt of Appeals of Texas · 1903
  5. Hanna v. AtchisonCourt of Appeals of Texas · 1911

3Cited by9 opinions

  1. Brothers Department Store, Inc. v. BerenzweigCourt of Appeals of Texas · 1960
  2. Jackson v. Pure Oil Operating Co.Court of Appeals of Texas · 1919
  3. Wilson v. WilsonCourt of Appeals of Texas · 1935
  4. Colvin v. ChadwickCourt of Appeals of Texas · 1927
  5. McAfee v. Jeter & TownsendCourt of Appeals of Texas · 1941

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