Legal Opinion

Central & Montgomery Railroad v. Henning

Texas Supreme Court

Decided February 3, 1880PublishedCited by 3 opinions

Appeal from Grimes. Tried below before the Hon. W. D. Wood. W. F. Henning, on the 16th of May, 1879, brought suit against F. A. Hyatt and the Central and Montgomery Railroad Company on an instrument of writing.as follows: “ $551.56. Bavasota, Texas, May 12,1879. F. A. Hyatt : Please pay to W. F. Henning, or order, the sum of five hundred and fifty-one dollars and fifty-six cents, on account of work done on C. & M. R. R. (Signed) E. Simpson.”

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Appeal from Grimes. Tried below before the Hon. W. D. Wood. W. F. Henning, on the 16th of May, 1879, brought suit against F. A. Hyatt and the Central and Montgomery Railroad Company on an instrument of writing.as follows: “ $551.56. Bavasota, Texas, May 12,1879. F. A. Hyatt : Please pay to W. F. Henning, or order, the sum of five hundred and fifty-one dollars and fifty-six cents, on account of work done on C. & M. R. R. (Signed) E. Simpson.” This was accepted by F. A. Hyatt, in writing across the face of it, and signed by him. In his original petition appellee alleged that Hyatt was a…

1Opinion of the Court

Bonner, Associate Justice.

The legal effect of the original petition filed May 16,1879, by appellee Henning, was to charge Hyatt individually with $551.06, and to subject the property of the defendant-company to a lien for its payment.

On June 10, 1879, the day of trial, Henning dismissed the cause as to Hyatt, who was a necessary party, if the cause of action as set out in the original petition was relied on, and by amended petition, that day filed, sought not only to make the property liable, but, for the first time, to subject the company to a direct judgment for the debt itself.

This, we…

2Cases cited4 opinions

  1. Cowan v. WilliamsTexas Supreme Court · 1878
  2. Turner v. LambethTexas Supreme Court · 1847
  3. Price v. LauveTexas Supreme Court · 1878
  4. Payne v. CoxTexas Supreme Court · 1855

3Cited by3 opinions

  1. Texas Employers' Ins. Ass'n v. LockeCourt of Appeals of Texas · 1949
  2. Texas Southern Railway Co. v. HarleTexas Supreme Court · 1907
  3. Western Union Telegraph Co. v. Robertson Bros.Court of Appeals of Texas · 1910

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