Roberson v. McIlhenny, Hutchins & Co.
Texas Supreme Court
Error from Washington. Tried below before the Hon. E. B. Turner. A report of this case will be found in 43 Tex., 205, to which reference is here made. After the case was remanded, the plaintiff in error renewed the exceptions to the petition and amendments which had been passed upon by the supreme court. These were overruled by the court.
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Error from Washington. Tried below before the Hon. E. B. Turner. A report of this case will be found in 43 Tex., 205, to which reference is here made. After the case was remanded, the plaintiff in error renewed the exceptions to the petition and amendments which had been passed upon by the supreme court. These were overruled by the court. He then made a motion to require defendants in error to select which of the causes of action they would prosecute, whether the note or the account. This >vas also overruled. The case was then tried without a jury, and judgment was rendered against plaintiff…
1Opinion of the Court
Watts, J. Com. App.—
When this case was before the supreme court in 1875, the questions presented by the first assignment of error in this record were passed upon and decided. It was then held that the amended petition filed April 7,1871, did not set up a new cause of action. If that decision is to be adhered to, then the assignment of error presenting the question as to the court’s overruling the exceptions to that amended petition is not well taken.
Since that decision it has not been considered an open question, that, under the circumstances developed by the pleadings in this case, the…
2Cases cited2 opinions
- Pursley v. RamseySupreme Court of Georgia · 1860
- Tilford v. RamseySupreme Court of Missouri · 1866
3Cited by26 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Dakan v. DakanTexas Supreme Court · 1935
- Jung Fu Chien v. ChenCourt of Appeals of Texas · 1988
- Arce v. Burrow, Texas Court of Appeals, 14th District (Houston)1998
- Lindsay v. ClaymanTexas Supreme Court · 1952
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