Burns, Walker & Co. v. True
Court of Appeals of Texas
Appellee, as plaintiff, brought this suit February 25, 1890, for §1400 damages for the alleged violation of a certain contract. His amended original petition, filed September 6, 1891, alleged, in substance, that on September 6,1889, defendants and plaintiff owned the ~K. brand of horses, numbering about 150 head, defendants owning an undivided one-third and plaintiff an undivided two-tliirds interest therein.
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Appellee, as plaintiff, brought this suit February 25, 1890, for §1400 damages for the alleged violation of a certain contract. His amended original petition, filed September 6, 1891, alleged, in substance, that on September 6,1889, defendants and plaintiff owned the ~K. brand of horses, numbering about 150 head, defendants owning an undivided one-third and plaintiff an undivided two-tliirds interest therein. That plaintiff’s interest was worth §2800, and the defendants’ §1400. That defendants also owned another stock of horses, branded T, numbering about 25 head, worth §288. That on said…
1Opinion of the Court
HEAD, Associate Justice.
If plaintiff’s cause of action had not accrued at the time his original petition was filed, the defect was cured by filing the amendment more than a year thereafter. Culbertson v. Cabeen, 29 Texas, 254; Cox v. Reinhardt, 41 Texas, 594. No complaint is made of the failure of the court to tax the costs accrued prior to the filing of this amendment against the plaintiff. Dalton v. Rainey, 75 Texas, 516.
That part of the ninth paragraph of the charge which instructs the jury, 6‘ that choses in action are not subject to execution, and that no title thereto can pass by…
2Cases cited4 opinions
- Culbertson v. CabeenTexas Supreme Court · 1867
- Dalton v. RaineyCourt of Appeals of Texas · 1889
- Jackson v. HarbyTexas Supreme Court · 1886
- Smith v. DeweeseTexas Supreme Court · 1874
3Cited by11 opinions
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- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Lord v. F. M. Dowling Co.Supreme Court of Florida · 1906
- Potter County v. BoesenCourt of Appeals of Texas · 1917
- American Surety Co. of New York v. Alamo Iron WorksCourt of Appeals of Texas · 1930
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