Legal Opinion

Breed v. Higginbotham Bros Co.

Court of Appeals of Texas

Decided November 11, 1911PublishedCited by 9 opinions

Appeal from District Court, Comanche County; J. H. Arnold, Judge. Action by Higginbotham Bros. & Co. against W. N. Breed and others. From a judgment for plaintiffs, defendant Breed appeals.

1Opinion of the CourtConner, C. J.

On January 17, 1910, Higginbotham Bros. & Co. filed their original petition in the district court of Comanche county against Geo. W. Hill, alleging that the said Hill resided in Pecos county, Tex., and declaring upon a personal account for $23.70, and also upon a promissory note charged to have been executed by Hill for the sum of $3,961.25 made payable in Comanche county, Tex. Afterwards, on November 2, 1910, the plaintiffs in the suit filed their second amended original petition “in lieu of and as a substitute for its first amended petition filed on March 15th, 1910,” suing as before upon…

2Cases cited3 opinions

  1. Behrens Drug Co. v. Hamilton & McCartyTexas Supreme Court · 1898
  2. St. Louis Southwestern Railway Co. v. McKnightTexas Supreme Court · 1905
  3. Muenster v. Tremont National BankTexas Supreme Court · 1899

3Cited by9 opinions

  1. Harris v. GregoryCourt of Appeals of Texas · 1929
  2. Gilbert v. MooringCourt of Appeals of Texas · 1935
  3. Sewell v. SpitzerTexas Commission of Appeals · 1921
  4. Leyhe v. LeyheCourt of Appeals of Texas · 1920
  5. Spitzer v. SmithCourt of Appeals of Texas · 1920

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