Smith v. Nesbitt
Texas Supreme Court
Questions certified from the Court of Civil Appeals for the Second District, in an appeal from the County Court of Tarrant County. Smith sued Nesbitt and others to recover for various items of interest he had been compelled to pay to the State because of default of defendants, who had assumed such payment.
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Questions certified from the Court of Civil Appeals for the Second District, in an appeal from the County Court of Tarrant County. Smith sued Nesbitt and others to recover for various items of interest he had been compelled to pay to the State because of default of defendants, who had assumed such payment. Demurrer was sustained to two of these items on the ground that action thereon was barred, and the action dismissed because the remaining amounts were insufficient to support the jurisdiction. Plaintiff appealed, and the Court of Civil Appeals, after pronouncing an opinion reversing and…
1Opinion of the CourtJustice Greenwood
The following statement is taken from the certificate of the Court of Civil Appeals, viz:
“On August 13, 1915, J. B. Smith, appellant, filed suit in the County Court of Tarrant County for Civil Cases against G. G. Nesbitt et al., alleging that on May 25, 1910, plaintiff conveyed to the defendants certain public school lands in Reeves County, upon which was due the State the sum of $1.87% per acre; that the consideration for said conveyance on the part of defendants, was the payment of $1,313.00 cash, and the execution and, delivery of four vendor’s lien notes of even date with deed in the sum…
2Cases cited3 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1896
- Chancellor of New Jersey v. TowellSupreme Court of New Jersey · 1912
3Cited by10 opinions
- Mead v. Johnson Group, Inc.Texas Supreme Court · 1981
- Bloom v. KeithlyCourt of Appeals of Texas · 1937
- Orbeck v. AlfeiCourt of Appeals of Texas · 1925
- Turboff v. GERTNER, ARON & LEDET INVESTMENTS, Texas Court of Appeals, 13th District1992
- First National Bank of Berwyn v. RaymerSupreme Court of Oklahoma · 1937
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