Kirby v. Thurmond
Court of Appeals of Texas
Error from District Court, Dallas County; J. C. Roberts, Judge. Action by W. J. Thurmond and others against W. S. Kirby, in which defendant cross-complained against plaintiff and the surety on plaintiff’s injunction bond. There was a judgment for plaintiff and his surety, defendant’s cross-complaint being denied, and defendant brings error.
1Opinion of the CourtRainey, C. J.
This suit was instituted by the defendant in error W. J. Thurmond against the plaintiff in error by the filing of an original petition, which was amended on November 9, 1911, charging fraudulent misrepresentations in the sale by way of a trade of a farm for a stock of drugs, and praying for a rescission and injunction, and in the alternative for damages. A temporary, injunction was issued, and the defendant in error American Bonding Company executed the injunction bond. The defendant, Kirby, having theretofore answered, on November 3, 1911, filed his third amended original answer, consisting…
2Cases cited7 opinions
- Henderson v. RailroadTexas Supreme Court · 1856
- Davis v. DriscollCourt of Appeals of Texas · 1899
- Rhode v. AlleyTexas Supreme Court · 1864
- Jesse French Piano & Organ Co. v. NolanCourt of Appeals of Texas · 1905
- Ranger & Co. v. HearneTexas Supreme Court · 1874
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3Cited by10 opinions
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- Wolff v. CohenCourt of Appeals of Texas · 1926
- Long v. Humble Oil & Refining Co.Court of Appeals of Texas · 1940
- Burroughs Adding Mach. Co. v. Scandinavian-American BankDistrict Court, W.D. Washington · 1917
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