Legal Opinion

Burnett & Ross v. Sullivan & Drennan

Texas Supreme Court

Decided February 13, 1883No. Case No. 1562PublishedCited by 8 opinions

Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On May 19, 1882, the plaintiffs, as partners, sued defendants, as partners, in the district court of Galveston county, for labor dono upon the Sabine & East Texas Bailroad under contract with defendants. The petition was in the ordinary form and was not excepted to.

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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On May 19, 1882, the plaintiffs, as partners, sued defendants, as partners, in the district court of Galveston county, for labor dono upon the Sabine & East Texas Bailroad under contract with defendants. The petition was in the ordinary form and was not excepted to. On the day of trial (June 28, 1882) defendants took leave to amend, and filed a first amended original answer, signed “ Waul & Walker, attorneys for defendants served with process.” The court, to whom the case was submitted without a jury, rendered judgment for…

1Opinion of the Court

Willie, Chief Justice.

The judgment rendered in this cause below' is exactly in accordance with article 1346 of the Bevised Statutes. The objection raised to it by appellant is that no discontinuance was entered as to Burnett at or before the time of entering judgment against the firm of Burnett & Boss and the member of the partnership who had been served with process. He claims that for this reason another .judgment disposing of Burnett will be required, making two in the same cause, in contravention of *538article 1337 of the Revised Statutes. It is a sufficient answer to this objection that the…

2Cases cited2 opinions

  1. Burton v. VarnellTexas Supreme Court · 1849
  2. Reynolds v. AdamsTexas Supreme Court · 1848

3Cited by8 opinions

  1. Frank v. TatumTexas Supreme Court · 1894
  2. Sugg v. ThorntonSupreme Court of the United States · 1889
  3. Webb, Jr. v. GregoryCourt of Appeals of Texas · 1908
  4. Carlton v. KruegerCourt of Appeals of Texas · 1909
  5. Burton v. PerryCourt of Appeals of Texas · 1932

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