Mabee v. McDonald
Texas Supreme Court
Error to the Court of Civil Appeals, Sixth District, in an appeal from Lamar County. McDonald sued Mabee, and appealed from a judgment for defendant. The judgment being reversed and rendered in appellant’s favor, Mabee obtained writ of error.
1Opinion of the Court
McDonald sued Mabee on June 5, 1909, in the County Court of Lamar County, upon a promissory note for $300, besides interest and attorney's fees, alleged to have been executed by him and one Hollon, and to foreclose a lien under a writ of attachment sued out by plaintiff in said suit and levied upon land in Texas as the property of Mabee. Hollon was alleged to be insolvent and was not made a party defendant.
Mabee answered. Among other defenses which were interposed by him he pleaded in bar of plaintiff's action a former judgment recovered on October 3, 1893, by the plaintiff, McDonald, against…
2Cases cited143 opinions
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