Seguin Milling & Power Co. v. Guinn
Court of Appeals of Texas
Appeal from District Court, La Salle County; J. F. Mullally, Judge. Action by Seguin Milling & Power Company against W. I. Nicholson and John P. Guinn. Dismissed as to defendant Nicholson, and judgment for defendant Guinn, and plaintiff appeals.
1Opinion of the CourtJames, C. J.
This action was brought originally on December 20, 1908, against W. I. Nicholson as acceptor and John P. Guinn as drawer of a draft; plaintiff alleging that Guinn resided in La Salle, and Nicholson in Bexar county, Tex. The amended petition, filed March 15, 1910, alleged that Nicholson, since the filing of the suit, had moved his residence from Texas to Oklahoma without service on him, and that he has no property in Texas within plaintiff’s knowledge, subject to execution, and therefore asked to dismiss as to him. This pleading alleged: That the draft was drawn by Guinn on Nicholson in favor…
2Cases cited2 opinions
- Heidenheimer Bros. v. BlumenkronTexas Supreme Court · 1882
- McKenzie v. HarrisTexas Commission of Appeals · 1880
3Cited by5 opinions
- McCamant v. McCamantCourt of Appeals of Texas · 1916
- Derrick v. SmithCourt of Appeals of Texas · 1912
- Derrick v. SmithCourt of Appeals of Texas · 1912
- McCamant v. McCamantCourt of Appeals of Texas · 1916
- Stephens v. Higginbotham Brothers Co.Texas Supreme Court · 1922