Mickie v. McGehee
Texas Supreme Court
Appear from Limestone. Tried below before the Hon. N. W.. Battle. Suit by the appellee against R. T. Mickie, M. W. Mickie and S. B. Hudson, on an arbitration bond, for breach of which the plaintiff alleged that the defendants had failed and refused to execute to him a release of a deed of trust upon certain slaves, as required and bound to do in accordance with the award of the arbitrators.
Read the full summary
Appear from Limestone. Tried below before the Hon. N. W.. Battle. Suit by the appellee against R. T. Mickie, M. W. Mickie and S. B. Hudson, on an arbitration bond, for breach of which the plaintiff alleged that the defendants had failed and refused to execute to him a release of a deed of trust upon certain slaves, as required and bound to do in accordance with the award of the arbitrators. The plaintiff prayed judgment for the penalty of the bond, and also for general relief. The defendants being citizens and residents of the State of Virginia, the suit was brought in Limestone county by…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in overruling the exception taken by the counsel for the defendants to the jurisdiction of the court. The plaintiff below was entitled to maintain the action in the county of his own residence; and we do not think the rule should be varied because he sought to recover his damages out of a particular fund or sum of money due by some person residing in another county. (See Butterworth v. Kinsey, 14 Tex., 495.) But we are of opinion that the court below erred in the instructions given to the jury at the request of the plaintiff’s counsel, in…
2Cases cited2 opinions
- Butterworth v. KinseyTexas Supreme Court · 1855
- Bracken v. NeillTexas Supreme Court · 1855
3Cited by7 opinions
- FNFS, Ltd. v. Harwood (In Re Harwood)United States Bankruptcy Court, E.D. Texas · 2009
- Dixon v. McCannSupreme Court of Oklahoma · 1922
- Knox v. Farmers' State Bank of MerkelCourt of Appeals of Texas · 1928
- Wheelock v. BatteCourt of Appeals of Texas · 1949
- Moser v. JP Morgan Chase Bank, N.A. (In Re Brown)United States Bankruptcy Court, E.D. Texas · 2007
2 more not listed; retrieve them via the Exa API.