Legal Opinion

Lewis v. Riggs

Texas Supreme Court

Decided July 1, 1852PublishedCited by 4 opinions

Error from Rucees. This suit was brought by the appellee against Win. H. Berry, Gideon K. Lewis, and Henry L. Kinney on a note signeil W. H. Perry, Gideon K. Lewis, II. L. Kinney. The petition as originally filed alleged the ■residence of Lewis and Kinney'to be in the county of Nueces, hut did not state the residence of Perry or allege that he resided out of the State or that his-residence was unknown.

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Error from Rucees. This suit was brought by the appellee against Win. H. Berry, Gideon K. Lewis, and Henry L. Kinney on a note signeil W. H. Perry, Gideon K. Lewis, II. L. Kinney. The petition as originally filed alleged the ■residence of Lewis and Kinney'to be in the county of Nueces, hut did not state the residence of Perry or allege that he resided out of the State or that his-residence was unknown. In an amended petition filed during the term at which tho judgment was takeu the residence of Perry was alleged to he unknown and at the same time the plaintiff discontinued as to him. The…

1Opinion of the CourtLipscomb, J.

This case comes clearly within the decision of this court in the ease of Ritter v. Hamilton (4 Tex. R., 325) and tlie case of Hamilton v. Ritter, decided at Tyler, April Term, 1852. (8 Tex. R.) When the case of Hitter v. Hamilton was under consideration it was supposed by some of the profession that it was embraced by the decision of this court at tlie preceding term in Smith, Adm’r, v. Doake. (3 Tex. R., 215.) This induced the court to review that ease in its opinion, and lo show that they rested upon distinct grounds and had not the slightest analogy to each other. Tlie defense set up and…

2Cited by4 opinions

  1. Jameson v. OfficerCourt of Appeals of Texas · 1897
  2. Buck v. ReedCourt of Appeals of Texas · 1962
  3. Hooks v. BramletteTexas Commission of Appeals · 1880
  4. McDonald v. HoltTexas Commission of Appeals · 1881

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