Legal Opinion

Wiley v. Shivel

Court of Appeals of Texas

Decided January 11, 1905PublishedCited by 19 opinions

Appeal from the County Court of Travis. Tried below before Hon. Jas. R. Hamilton.

1Opinion of the Court

KEY, Associate Justice.

T. J. Wiley brought this suit against R. H. Shivel and G. A. Stewart. The plaintiff alleged in his petition that the residence of the defendants was unknown to him at the time of filing this suit, and made affidavit to that fact.

The defendants filed pleas in abatement, showing that they were residents of Grayson County at the time the suit was filed. These pleas were in proper form, and the trial court, after hearing the testimony, which authorized findings that the pleas were true and that the plaintiff knew the residence of the defendants, sustained the pleas in…

2Cited by19 opinions

  1. D. &. H. Truck Line v. LavalleeCourt of Appeals of Texas · 1928
  2. Horsford v. Carolina Glass Co.Supreme Court of South Carolina · 1912
  3. Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
  4. Gpage v. ThomasTexas Supreme Court · 1934
  5. Zimmerle v. ChildersOregon Supreme Court · 1913

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