Legal Opinion

Petty v. Cleveland

Texas Supreme Court

Decided December 15, 1847PublishedCited by 6 opinions

The plaintiff in error was surety for one Wood, upon a bond in the penalty of two thousand dollars, conditioned that the latter would make to the defendant in error a title to a. certain tract of land in twelve months after the date thereof. The cause of action accrued thereon in December, 1840, and this suit was brought in April, 1845, against the surety alone..

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The plaintiff in error was surety for one Wood, upon a bond in the penalty of two thousand dollars, conditioned that the latter would make to the defendant in error a title to a. certain tract of land in twelve months after the date thereof. The cause of action accrued thereon in December, 1840, and this suit was brought in April, 1845, against the surety alone.. Piled with the answer were exceptions to tbe petition, in that it disclosed another party, Wood, who ought' to have been joined, and contained no averment that Wood, the principal, had been first sued. The record discloses a verdict…

1Opinion of the Court

Mr. Justice Wheeler,

after stating the facts, delivered the ■opinion of the court Mr. Justice LipscoMb not sitting, having been of counsel in the court below.

To reverse the judgment it is now contended'—

1st. That the principal not being sued, and there being no averment that he'was not within the jurisdiction of the court, the petition shows no right of action against the surety; and 2d. That more than four years having intervened between the accruing of the action and the bringing of the suit, all right ■of action against the surety was lost to the plaintiff by his •own laches.

We might…

2Cases cited1 opinion

  1. Jones v. BlackTexas Supreme Court · 1846

3Cited by6 opinions

  1. Boggs v. StateTexas Supreme Court · 1876
  2. Cotton v. JonesTexas Supreme Court · 1873
  3. Smith v. NesbittCourt of Appeals of Texas · 1916
  4. C. Yale, Jr., & Co. v. Ward'sTexas Supreme Court · 1867
  5. Sherwood v. JordanTexas Commission of Appeals · 1879

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