Field v. Gantier
Texas Supreme Court
Appeal from Brazoria. Tho appellant brought suit against the appellors by liling his petición in tho District Court of Brazoria county on the 21st day of April, 18-18. The petition alleged that the Gantiers were indebted to the plaint,ill' on two promissory notes made by them, payable to the plaintiff, “ cashier of the Southern Life Insurance aud Trust Company,” due on the first days of February and March, 1810; that the defendant Corley, as an attorney at law, obtained the…
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Appeal from Brazoria. Tho appellant brought suit against the appellors by liling his petición in tho District Court of Brazoria county on the 21st day of April, 18-18. The petition alleged that the Gantiers were indebted to the plaint,ill' on two promissory notes made by them, payable to the plaintiff, “ cashier of the Southern Life Insurance aud Trust Company,” due on the first days of February and March, 1810; that the defendant Corley, as an attorney at law, obtained the notes from the plaintiff' for collection in 1843, and undertook and promised to collect them of the makers; that ho and…
1Opinion of the Court
Wheeler. J.
The plea in abatement was framed with a view to the provisions of tlie act of the 28th of June, ISIS, (Hart. Dig., pp. 552,503.) The statute had reference to suits on foreign judgments. This is not a suit upon a judgment and does not come within the provisions of the statute. The matters pleaded in abatement were irrelevant and insufficient, and the court erred in overruling tiie exceptions to the plea.
The matter pleaded as to the not filing of the act of incorporation was more properly matter of demurrer or exception to the petitiou than of a plea in abatement. But, considered as…
2Cited by16 opinions
- Pool v. SanfordTexas Supreme Court · 1880
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Howard v. StahlCourt of Appeals of Texas · 1919
- Danner v. Walker-Smith Co.Court of Appeals of Texas · 1912
- Russell v. People's Nat. Bank of BeltonCourt of Appeals of Texas · 1928
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