Gaut v. Reed Bros. & Co.
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. This suit was brought by the appellees on the 1st of April, 1855, against Charles Yinzent, on five notes executed by him in their favor. The defendant, on the same day, acknowledged service of the petition; and on the 2d of May, 1855, answered by a general denial.
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Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. This suit was brought by the appellees on the 1st of April, 1855, against Charles Yinzent, on five notes executed by him in their favor. The defendant, on the same day, acknowledged service of the petition; and on the 2d of May, 1855, answered by a general denial. On the same day, the plaintiffs amended their petition, and alleged that the defendant, Charles Yinzent, had removed from the state, and gone to parts unknown to them, and prayed for an attachment against his property, and for a writ of garnishment to the appellant,…
1Opinion of the CourtWheeler, C. J.
An examination of all the questions which the record suggests, and which might be considered in disposing of the case, would lead to an extensive inquiry into the law and practice of the court, particularly respecting the rights and remedies of the creditors of a partnership, upon its dissolution by the death of one of its members, and the powers of the court in administering those remedies. But as the examination of these questions is not necessary to a decision, it is not thought advisable to enter upon such an examination without further argument.
The proceedings in the case seem to us…
2Cases cited4 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Penny v. MartinNew York Court of Chancery · 1820
- Anderson v. LevanSupreme Court of Pennsylvania · 1841
- Nichols v. Anguera, Pennsylvania Court of Common Pleas, Philadelphia County1839
3Cited by10 opinions
- Dial v. MartinCourt of Appeals of Texas · 1931
- Smith v. WaymanTexas Supreme Court · 1949
- Walsh v. CommissionerUnited States Tax Court · 1946
- Doggett v. DillIllinois Supreme Court · 1884
- Webb, Jr. v. GregoryCourt of Appeals of Texas · 1908
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