Hanchett v. Gray
Texas Supreme Court
Error from Walker. On the Gth clay of October, 18-18, the plaintiff in error filed his petition, alleging that on that day the defendant in error, Gray, a resident of that county, had recovered a judgment in that court against the petitioner and one Wilcox, for $750; that theretofore, on the 31st day of March, 1847, the petitioner had recovered against Gray a judgment for $709.36; that on tiie last-named judgment execution liad issued to the sheriff of that county, and liad…
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Error from Walker. On the Gth clay of October, 18-18, the plaintiff in error filed his petition, alleging that on that day the defendant in error, Gray, a resident of that county, had recovered a judgment in that court against the petitioner and one Wilcox, for $750; that theretofore, on the 31st day of March, 1847, the petitioner had recovered against Gray a judgment for $709.36; that on tiie last-named judgment execution liad issued to the sheriff of that county, and liad been returned by him with a credit of the costs aud $4.33 on the judgment ; and that the sheriff made the further return…
1Opinion of the Court
Wheeler. J.
IVe have carefully examined the record, and are unable to perceive any legal ground on winch the judgment of the court can be sustained.
It may well be questioned whether the'intervenors could he permitted to except to tlio proceedings for mere formal defects or irregularities, not going to the merits or foundation of the action.
In Louisiana it is held that a third person intervening- cannot plead exceptions having for their object the dismissal of the cause for irregularities in the proceedings. (4 N. S., 488; 8 M. R., 55.) Such a party, it is held, cannot take advantage of the…
2Cited by8 opinions
- Bonham State Bank v. BeadleTexas Supreme Court · 1995
- Maguire v. CunninghamCalifornia Court of Appeal · 1923
- State Bank v. SchultzeMontana Supreme Court · 1922
- Norton v. WochlerCourt of Appeals of Texas · 1903
- Pierson v. Farmers' State Guaranty BankCourt of Appeals of Texas · 1918
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