Teas v. McDonald
Texas Supreme Court
Error from Walker. Action by William McDonald against Albert G. Teas, John Cotton and A. J. Stevens. The petition alleged that the plaintiff and Cotton having contracted a joint debt with one Campbell, for building a saw-mill, and plaintiff having paid his half thereof, judgment was recovered for the balance against both him and Cotton, whereupon Cotton prosecuted a writ of error, and the judgment being affirmed against Cotton and his sureties, execution was issued against…
Read the full summary
Error from Walker. Action by William McDonald against Albert G. Teas, John Cotton and A. J. Stevens. The petition alleged that the plaintiff and Cotton having contracted a joint debt with one Campbell, for building a saw-mill, and plaintiff having paid his half thereof, judgment was recovered for the balance against both him and Cotton, whereupon Cotton prosecuted a writ of error, and the judgment being affirmed against Cotton and his sureties, execution was issued against the plaintiff, said Cotton, and said Cotton’s sureties on the the writ of error bond; that said Cotton thereupon combined…
1Opinion of the CourtWheeler, J.
It will suffice for the disposition of this case, to consider the errors assigned, which have been relied on in argument by counsel for the appellant. And first it is insisted that the Court erred in overruling exceptions to the original and amended petition. The exceptions taken were, that there was a mis-joinder of parties defendant and of causes of action, and inconsistency and repugnancy in the prayer of the petition. In neither respect do we think the exceptions well taken. Although for the purpose of setting aside the sale as fraudulent, it may not have been necessary to join the…
2Cited by14 opinions
- Palmo v. S. W. Slayden & Co.Texas Supreme Court · 1906
- W. C. Turnbow Petroleum Co. v. FultonTexas Supreme Court · 1946
- French v. GrenetTexas Supreme Court · 1881
- McManus v. WallisTexas Supreme Court · 1880
- Logan v. LudwickCourt of Appeals of Texas · 1926
9 more not listed; retrieve them via the Exa API.