McRee v. Brown
Texas Supreme Court
Error from Karnes. Tried below before the Hon. Daniel D. Claiborne. December 12, 1871, G. "W. Brown brought suit by attachment against Robert McKee, alleging that McKee was surviving partner of A. B. James & Co., of Hew Orleans; that said firm was indebted to John E-eland, of Guadalupe county, §779.39, hy a judgment rendered in the County Court of ■Guadalupe county; that at the request of Ireland and McKee plaintiff, on March 29, 1871, paid off said indebtedness to Ireland…
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Error from Karnes. Tried below before the Hon. Daniel D. Claiborne. December 12, 1871, G. "W. Brown brought suit by attachment against Robert McKee, alleging that McKee was surviving partner of A. B. James & Co., of Hew Orleans; that said firm was indebted to John E-eland, of Guadalupe county, §779.39, hy a judgment rendered in the County Court of ■Guadalupe county; that at the request of Ireland and McKee plaintiff, on March 29, 1871, paid off said indebtedness to Ireland for the use and benefit of McKee. Writs of garnishment were also sued out against W. P. Ballinger, T. M. Jack, and M. P.…
1Opinion of the Court
Moore, Associate Justice.
While it is undoubtedly true, as was said by Justice Lipscomb in the case of M’Clelland v. Smith, 3 Tex., 210, that the stringency with which the rule as to a variance between the cause of action declared on and the evidence offered to support it has been greatly relaxed by the more recent decisions, in the English as well as American courts, from the rigidity with which it was formerly adhered to and enforced, yet we have been cited by the defendant in error to no case, and we think none can be found, which will sustain a judgment by default against Bobert McBee, on…
2Cases cited3 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- McClelland v. SmithTexas Supreme Court · 1848
- Conner v. SampsonTexas Supreme Court · 1858
3Cited by20 opinions
- Stewart v. AndersonTexas Supreme Court · 1888
- State Mortgage Corporation v. TraylorTexas Supreme Court · 1931
- Thomas Goggan & Bros. v. MorrisonCourt of Appeals of Texas · 1913
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Burke v. HanceTexas Supreme Court · 1890
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