Whitman v. J. P. Willis & Bro.
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. On May 28,1875, Willis & Bro. filed suit for debt against James W. Whitman, proceeding by attachment and publication. Attachment was levied upon defendant’s interest in two hundred and eighty-two acres of land. Ho answer was filed for defendant. At the appearance term, February 21, 1876, plaintiff's took a judgment by default against defendant, with a writ of inquiry.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. On May 28,1875, Willis & Bro. filed suit for debt against James W. Whitman, proceeding by attachment and publication. Attachment was levied upon defendant’s interest in two hundred and eighty-two acres of land. Ho answer was filed for defendant. At the appearance term, February 21, 1876, plaintiff's took a judgment by default against defendant, with a writ of inquiry. After this, on the same day, there was brought to the attention of plaintiffs a petition in intervention filed by Walter 0. Whitman. Leave was given at this…
1Opinion of the Court
Bonner, Associate Justice.
The question in this case arises upon the judgment of the court below sustaining the demurrer to the petition of the appellant for intervention and in dismissing the same.
“ The principle of the law of intervention is, that if any third person consider that his interest will be affected by a cause which is depending, ho is not bound to leave the care of his interest to either of the litigants, but has a right to intervene or be made a party to the cause, and to take on himself the defense of his own rights, provided he does not disturb the order of the proceedings.”…
2Cases cited10 opinions
- Baxter v. DearTexas Supreme Court · 1859
- Ecoles v. HillTexas Supreme Court · 1854
- Carlin v. HudsonTexas Supreme Court · 1854
- Henderson v. MorrillTexas Supreme Court · 1854
- Ferguson v. HerringTexas Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Harding v. PearsonTexas Commission of Appeals · 1932
- Pool v. SanfordTexas Supreme Court · 1880
- Wood & Kinkaid v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1897
- Red v. JohnsonTexas Supreme Court · 1880
- Braden v. GoseTexas Supreme Court · 1882
26 more not listed; retrieve them via the Exa API.