Werbiskie v. McManus
Texas Supreme Court
Appeal from Cameron. The ease was tried before Hon. ■ Edward Dougherty, one of the- district judges. This cause is the result of two cases tried in the district-court upon consolidation. Suits were begun in the district court by one A. McMillen, the appellee’s testator in his lifetime, against the appellant, upon certain piL-nissory notes, and they have since been conducted to judgment in the name of the appellee, as the representative of said McMillen.
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Appeal from Cameron. The ease was tried before Hon. ■ Edward Dougherty, one of the- district judges. This cause is the result of two cases tried in the district-court upon consolidation. Suits were begun in the district court by one A. McMillen, the appellee’s testator in his lifetime, against the appellant, upon certain piL-nissory notes, and they have since been conducted to judgment in the name of the appellee, as the representative of said McMillen. The defendant, Werbiskie, pleaded in abatement the incapacity of the plaintiff to prosecute these suits, and also offsets in reconvention,…
1Opinion of the CourtMorrill, C. J.
— The first question for our adjudication arises on the proceedings of the district court, as presented by the following bill of exceptions, viz: “On the trial of the plea in abatement, filed on the-day of-, 1866, *121for incapacity of the plaintiff herein to sue, the following facts are given in evidence before the judge, a jury being waived by the parties. The plaintiff, on Iris part, proved that by an order in the minutes of the county court of this county, on the-day of-, 1866, he was appointed administrator, with the will annexed, of the estate of A. McMillen, deceased, and had given bond…
2Cited by8 opinions
- Caddell v. Lufkin Land & Lumber Co.Court of Appeals of Texas · 1921
- Hartford Accident & Indemnity Co. v. ShawCourt of Appeals of Texas · 1928
- Locke v. WallingfordCourt of Appeals of Texas · 1924
- Keystone Pipe & Supply Co. v. MilnerCourt of Appeals of Texas · 1928
- Caddell v. Lufkin Land & Lumber Co.Court of Appeals of Texas · 1921
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