Legal Opinion

Harkey v. Graves

Court of Appeals of Texas

Decided April 13, 1921No. 6347PublishedCited by 2 opinions

Appeal from San Saba County Court; W. V. Dean, Judge. Suit by C. J. Harkey, executrix, against John Graves and others. From judgment sustaining exception to plaintiff’s petition,plaintiff appeals.

1Opinion of the Court

KEY, O. J.

Mrs. O. J. Harkey, as executrix of the estate of I. M. Harkey, deceased, brought this suit against John Graves, J. W. Carroll, Hugh Miller, and Joab Brown, seeking to recover the amount due upon a promissory note. The original petition was filed June 9, 1915, and the amended petition was filed June 4, 1920. In the original petition it was alleged that a mistake was made in the preparation of the note, and that it should have been made to read that it was due June 11, 1912, instead of June 11, 1911, as stated in the note. The plaintiff’s amended petition contains the following…

2Cases cited4 opinions

  1. Kelley v. WardTexas Supreme Court · 1901
  2. San Antonio National Bank v. McLaneTexas Supreme Court · 1902
  3. Gammage v. MooreTexas Supreme Court · 1874
  4. Syler v. CulpCourt of Appeals of Texas · 1911

3Cited by2 opinions

  1. Rattan v. DickerCourt of Appeals of Texas · 1963
  2. First National Bank of Andrews v. Jones, Texas Court of Appeals, 11th District (Eastland)1982

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