Legal Opinion

Garrett v. Robinson

Texas Supreme Court

Decided March 5, 1900No. 878PublishedCited by 13 opinions

Error to the Court of Civil Appeals for the First District, in an appeal from Rusk County. Sam Robinson sued Garrett and wife on a note given to D. T. Robinson, who was made a party by defendants. Defendants had judgment and the Robinsons appealed. The judgment was reversed and remanded,, and appellees thereupon obtained a writ of error on the ground that the ruling settled the case.

1Opinion of the Court

WILLIAMS, Associate Justice.

This suit was brought June 15, 1896, by Sam Robinson against John T. Garrett and his wife, Josie Garrett, to recover the amount of a promissory note executed by Garrett to D. T. Robinson, and by the latter transferred to plaintiff November 10, 1895, and to foreclose a vendor's lien upon land for a part of the purchase money of which it was given, Mrs. Garrett being made a party because she claimed some interest in the land. The defendants answered July, 1896, pleading in abatement the plaintiff’s want of capacity to sue because he was a minor. They also alleged…

2Cases cited1 opinion

  1. Spence v. McGowanTexas Supreme Court · 1880

3Cited by13 opinions

  1. Davis v. Wichita State Bank & Trust Co.Court of Appeals of Texas · 1926
  2. Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1914
  3. Moritz v. ByerlyCourt of Appeals of Texas · 1945
  4. Pinkston v. Farmers State Bank of CenterCourt of Appeals of Texas · 1947
  5. Ellis v. LittlefieldCourt of Appeals of Texas · 1906

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