Martel v. Somers
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. Bell. This suit was originally instituted on the 19th of April, 1856, by Rudolph Brock and Rica Hernshein as administrators of Joseph Hernshein, deceased, for the use of Charlotte Somers, the appellee, against Henry Martel, James T. Patton, administrator, and Charles Martel, infant heir of Frederick Martel, deceased, William Gr. Webb, John T. Harcourt and A. R. Jones, defendants.
Read the full summary
Appeal from Fayette. Tried below before the Hon. James H. Bell. This suit was originally instituted on the 19th of April, 1856, by Rudolph Brock and Rica Hernshein as administrators of Joseph Hernshein, deceased, for the use of Charlotte Somers, the appellee, against Henry Martel, James T. Patton, administrator, and Charles Martel, infant heir of Frederick Martel, deceased, William Gr. Webb, John T. Harcourt and A. R. Jones, defendants. On the 17th of March, 1849, the said J. Hernshein recovered a judgment in the District Court of Fayette county against Henry Martel for the sum of $2948,…
1Opinion of the CourtWheeler, C. J.
Though the suit was instituted in the name of the administrators of Hernshein, it was for the benefit of Mrs. Somers. She was the real party plaintiff; and the amendment that substituted her name as sole plaintiff was not properly the making of a new party. (Price v. Wiley, 19 Tex. R., 142.) There was no error in permitting the amendment.
It is objected that the plaintiff has not shown herself entitled as the beneficiary in the judgment recovered by Hernshein v. Martel: But it is in proof, that after its rendition the defendant, Martel, expressly admitted her right. As between the parties this…
2Cited by41 opinions
- Cox v. MillerTexas Supreme Court · 1880
- Williams v. Commercial National BankOregon Supreme Court · 1907
- Cameron v. FayTexas Supreme Court · 1881
- Rabb v. RogersTexas Supreme Court · 1887
- Zachry v. Robertson Dba.Texas Supreme Court · 1948
36 more not listed; retrieve them via the Exa API.