Legal Opinion

McMillen v. White House Lumber Co.

Court of Appeals of Texas

Decided May 18, 1912PublishedCited by 5 opinions

Appeal from Ochiltree County Court; R.. I. Hanna, Judge. Action by the White House Lumber Company against W. M. McMillen. On appeal from a judgment of the county court disallowing a counterclaim on appeal from a justice’s court allowing the same, defendant appeals.

1Opinion of the CourtGraham, C. J.

This is an attempted appeal from a judgment rendered in the county court of Ochiltree county on September 20, 1911, for the sum of $123.54, with interest.

The record is sufficient to show that the-suit originated in the justice court of Ochil-tree county by appellee suing appellant on a promissory note; that appellant pleaded an-offset or counterclaim, which was allowed in the justice court, and judgment was rendered in appellee’s favor and against appellant for the balance due on the note, after-deducting the amount of the offset or counterclaim. From the judgment rendered in-the justice…

2Cases cited1 opinion

  1. Beaumont v. NewsomeCourt of Appeals of Texas · 1912

3Cited by5 opinions

  1. De Proy v. ProgakisCourt of Appeals of Texas · 1923
  2. Rausch v. Western Union Telegraph Co.Court of Appeals of Texas · 1934
  3. Russell v. KoenneckeCourt of Appeals of Texas · 1916
  4. Blaylock v. SlocombCourt of Appeals of Texas · 1921
  5. De Proy v. ProgakisCourt of Appeals of Texas · 1923

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