Walker v. Lewis
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. John P. White. The pleadings in this ease are quite lengthy, and raise many issues, which are discussed in briefs of counsel; but the opinion is based on points which render it unnecessary to make a statement of the progress of the cause.
1Opinion of the Court
Gould, Associate Justice.
The judgment against Walker is erroneous, because it exceeds the amount claimed in the amended petition.
The judgment is further erroneous, because the pleadings of plaintiffs contained no averments showing that Walker was individually liable for the debts of the corporation.
If the charter, as claimed by appellees, makes stockholders *124liable to the extent of their stock, whether paid for or not, the amended petition does not allege that Walker held or subscribed for any named amount of stock, and therefore fails to allege enough to support the judgment.
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2Cases cited2 opinions
- Devine v. MartinTexas Supreme Court · 1855
- Coburn v. . WheelockNew York Court of Appeals · 1866
3Cited by5 opinions
- Middlebrook Bros. v. ZappTexas Supreme Court · 1889
- Lytle v. CusteadCourt of Appeals of Texas · 1893
- International & G. N. Ry. Co. v. ReedCourt of Appeals of Texas · 1916
- Davidson v. WillsCourt of Appeals of Texas · 1909
- Cooper v. ConertyTexas Supreme Court · 1892