Legal Opinion

Tryon v. Butler

Texas Supreme Court

Decided July 1, 1853PublishedCited by 10 opinions

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

  1. Hall v. HallMassachusetts Supreme Judicial Court · 1804

3Cited by10 opinions

  1. Abilene Independent Telephone & Telegraph Co. v. WilliamsTexas Supreme Court · 1921
  2. Adams v. Consolidated UnderwritersTexas Supreme Court · 1939
  3. Faver v. RobinsonTexas Supreme Court · 1876
  4. Halleck v. GuyCalifornia Supreme Court · 1858
  5. Presley v. WilsonCourt of Appeals of Texas · 1939

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