Fidelity & Deposit Co. of Maryland v. Schelper
Court of Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. Edward Dwyer.
1Opinion of the Court
NEILL, Associate Justice.
This is an appeal from a judgment in favor of appellees against appellant as surety of F. W. Puetz, on his bond as guardian of the estate of the Jacob minors.
As we shall reverse the judgment, it will be unnecessary for us to discuss the assignment complaining of the action of the court on appellant’s plea of abatement, for the question in all probability will not arise on another trial. We will remark, however, that the rule in this State, as stated in Townes on Pleading, is, “if a second suit is brought in a court deriving its authority from the same sovereign as…
2Cases cited14 opinions
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Gerber v. AckleyWisconsin Supreme Court · 1875
- City National Bank of Fort Worth v. MartinTexas Supreme Court · 1888
- Village of Olean v. . KingNew York Court of Appeals · 1889
- Ball v. LaClairNebraska Supreme Court · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gronna v. GoldammerNorth Dakota Supreme Court · 1913
- American Bonding Co. of Baltimore v. LoganCourt of Appeals of Texas · 1910
- Davis v. WhiteCourt of Appeals of Texas · 1918
- Southland Life Ins. Co. v. StewartCourt of Appeals of Texas · 1919
- United States Fidelity & Guaranty Co. v. InmanCourt of Appeals of Texas · 1933
4 more not listed; retrieve them via the Exa API.