Tryon v. Butler
Texas Supreme Court
Error from Walker. Facts same as in Tousey ». Butler, ante, 525, together with the fact that Tryon was a co-defendant who did not appear and against whom judgment went by default.
1Opinion of the CourtWheeler, J.
Our opinion in the case of Tousey v. Butler et al. [ante) meets the objections to the judgment in this ease as to the defendant Tousey. And as a misnomer of. parties must always be' pleaded in abatement, or the right to (he exception is lost, (1 Mass. R., 76; 5 Id., 97; 10 Id., 205; 16 Id., 146; 6 Munf. R., 219; 4 Cow. R., 148; 10 S. & R., 257,) the other defendant, Tryon, can bo in no better condition than his co-defendant, in consequence of having suffered judgment to go against him by default. Even if the petition had not been amended, this defendant, not having pleaded the misnomer in…
2Cases cited1 opinion
- Hall v. HallMassachusetts Supreme Judicial Court · 1804
3Cited by10 opinions
- Abilene Independent Telephone & Telegraph Co. v. WilliamsTexas Supreme Court · 1921
- Adams v. Consolidated UnderwritersTexas Supreme Court · 1939
- Faver v. RobinsonTexas Supreme Court · 1876
- Halleck v. GuyCalifornia Supreme Court · 1858
- Presley v. WilsonCourt of Appeals of Texas · 1939
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