Keabadour v. Weir
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by appellee against appellant on a promissory note. The petition recited the residence of the parties as shown in the second paragraph of the synopsis of the report. There was no citation in the Transcript. Defendant filed an answer containing a plea in abatement, claiming his privilege to be sued in Colorado county where he alleged he resided; also a plea in re-convention.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by appellee against appellant on a promissory note. The petition recited the residence of the parties as shown in the second paragraph of the synopsis of the report. There was no citation in the Transcript. Defendant filed an answer containing a plea in abatement, claiming his privilege to be sued in Colorado county where he alleged he resided; also a plea in re-convention. Plaintiff filed exceptions to plea in reconvention. The entry of judgment stated that the exceptions to the plea in reconvention were sustained; that…
1Opinion of the Court
Hemphill, Ch. J.
From the obvious and rational construction of the language of the petition, it would appear that the defendant Keabadour was a resident of the county of Colorado, and his plea in abatement (suit having been brought in the county of Gonzales) should have been sustained. Any other meaning *256would be forced and unnatural; and as no important right would be defeated by adhering to the grammatical and reasonable construction, we are of opinion that for the error alone of overruling the plea to the jurisdiction the judgment must be reversed. The other rulings on the exceptions to the…
2Cited by8 opinions
- Baines v. BakerTexas Supreme Court · 1883
- Taylor v. FergusonTexas Supreme Court · 1894
- McClelland v. BarnardCourt of Appeals of Texas · 1904
- First Nat. Bank of Detroit v. SkidmoreCourt of Appeals of Texas · 1924
- Surghenor v. RangerCourt of Appeals for the Fifth Circuit · 1904
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