Gildart v. Grumbles
Texas Supreme Court
Appeal from Travis. Tried before tbe Hon. Alexander W. Terrell. This was a suit, brought by tbe appellee against the appellant, in the District Court, commenced on May 29th, 1858. The petition alleged, that the plaintiff resided in the county of Travis, where the suit was instituted.
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Appeal from Travis. Tried before tbe Hon. Alexander W. Terrell. This was a suit, brought by tbe appellee against the appellant, in the District Court, commenced on May 29th, 1858. The petition alleged, that the plaintiff resided in the county of Travis, where the suit was instituted. The defendant pleaded in abatement, that the plaintiff was not at the time of filing said plea, nor at the commencement of the suit, a resident citizen of the county of Travis, nor of the State of Texas, but was, and is, a citizen of the kingdom of Great Britain. There were also other defences set up by the…
1Opinion of the CourtRoberts, J.
The object of the plea in abatement, was to enforce the legal right of the defendant, under the statute which requires that the petition shall state “ the names of the “parties and their residence,” &c. (Hart. Dig. Art. 671.) The truth of the plea having been found by the verdict of the jury to whom it was submitted, the court for the purpose of securing the object, thus contemplated, made a peremptory order, that the plaintiff “ have leave to amend and plead over at once, and unless the same be done, that his said suit be dismissed.” By this' order, the court indicated the opinion, that it…
2Cases cited5 opinions
- Howard v. NorthTexas Supreme Court · 1849
- Pool v. PickettTexas Supreme Court · 1852
- Williams v. BailesTexas Supreme Court · 1852
- De Witt v. Miller's Adm'rTexas Supreme Court · 1852
- Cox v. GiddingsTexas Supreme Court · 1852
3Cited by1 opinion
- Moran v. Midland Farms Co.Court of Appeals of Texas · 1926