Legal Opinion
Estes v. McWhorter
Court of Appeals of Texas
Decided February 3, 1916No. 522PublishedCited by 12 opinions
Appeal from Martin County Oourt; A. C. Eidson, Judge. Action by A. D. Estes against S. D. Mc-Whorter. Prom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtHiggins, J.
On February 28, 1914, Estes filed this suit against McWhorter to recover upon the latter’s promissory note dated March 22, 1909, due twelve months after date. Citation was never issued in the case, but on June 1, 1914, defendant executed and filed a waiver of citation and service, and agreed to enter an appearance, which he did on June 10, 1914.
In response to special issues the jury found:
“That plaintiff did not have citation issued at the time his original petition was filed; that the issuance of citation was delayed at the instance of plaintiff; that defendant did not promise to file a…
2Cases cited7 opinions
- Ricker, Lee & Co. v. ShoemakerTexas Supreme Court · 1891
- Tribby v. WokeeTexas Supreme Court · 1889
- Wood & Kinkaid v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1897
- Maddox v. HumphriesTexas Supreme Court · 1867
- Bates v. J. G. Smith & Bros.Texas Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First State Bank & Trust Co. v. RamirezTexas Supreme Court · 1939
- City of Gainesville v. HarderTexas Supreme Court · 1942
- Austin v. ProctorCourt of Appeals of Texas · 1927
- Ferguson v. Estes AlexanderCourt of Appeals of Texas · 1919
- Ben C. Jones & Co. v. West Publishing Co.Court of Appeals for the Fifth Circuit · 1921
7 more not listed; retrieve them via the Exa API.