Legal Opinion

Cotulla v. Urbahn

Texas Supreme Court

Decided March 29, 1911No. 2150Published

Error to the Court of Civil Appeals, Fourth District, in an appeal from Wehb County. Urbahn sued Cotulla and had judgment. Defendant appealed, and on affirmance obtained writ of error. The application was first ^ refused in a written opinion. Subsequently, on a motion for rehearing. the writ of error was granted and judgment reversed and rendered in favor of plaintiff in error. Both opinions are here published.

1Opinion

The original petition in this case was filed in the District Court of Webb County on October 21, 1907. It declared on a note executed by Cotulla payable to Albert Urbahn for the sum of $4152.50, dated December 29, 1898, and due on or before February 10, 1899, said note containing provisions as to interest and attorney's fees not necessary to be here set out. By answer filed March 14, 1908, plaintiff in error demurred to said petition on the ground that said note was barred by the statute of limitation of four years. On November 11, thereafter, defendant in error filed his first supplemental…

2Cases cited12 opinions

  1. Howard Hume, Administrators, Etc. v. WindomTexas Supreme Court · 1894
  2. Mitchell v. ClayTexas Supreme Court · 1852
  3. Coles v. KelseyTexas Supreme Court · 1847
  4. Braithwaite v. HarveyMontana Supreme Court · 1894
  5. Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875

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