DocketNumber: No. 156.
Citation Numbers: 26 S.W. 935, 86 Tex. 706, 1894 Tex. LEXIS 450
Judges: Stayton
Filed Date: 5/21/1894
Status: Precedential
Modified Date: 10/19/2024
Appellee brought action against appellants on three promissory notes, executed by the latter, one for $67.50, another for $518.29, and the other for $160. First two made payable in county in which action was brought, but the other named no place of payment.
The larger note had on it the following memorandum: "March 8, 1887. Credit by new note, $160."
Defendants not being residents of the county in which action was brought, pleaded their privilege to be sued in the county of their residence on the note for $160, and to the jurisdiction of the court as to the others, on the ground that after deducting the credit endorsed on the larger note less than $500 was claimed.
The court sustained defendants' plea of privilege to be sued in the county of their residence, but retained jurisdiction as to the other notes, and rendered judgment in favor of plaintiff for principal and interest due them, less a credit of $160, in accordance with the credit endorsed thereon
We are of opinion that the court did not err in refusing to dismiss the cause on plea to jurisdiction, but that it did err in sustaining defendants' plea of privilege to be sued in the county of their residence on the note for $160.
Two of the notes being payable in the county in which action was brought, the suit was properly brought there, and in order to avoid multiplicity of suits it was proper to embrace in the same action the other note. Clegg v. Varnell,
Delivered May 21, 1894. *Page 707
International & G. N. Ry. Co. v. Anderson County , 1912 Tex. App. LEXIS 790 ( 1912 )
Theodore Keller Co. v. Mangum , 1913 Tex. App. LEXIS 963 ( 1913 )
Shafer v. Brashear , 1925 Tex. App. LEXIS 587 ( 1925 )
Warner v. Gohlman, Lester Co., Inc. , 117 Tex. 145 ( 1927 )
Stevens v. Willson , 120 Tex. 584 ( 1931 )
Pecos Valley Southern Railway Co. v. Parkhill Produce Co. , 163 Tex. 88 ( 1961 )
Burke v. Scott , 1966 Tex. App. LEXIS 2745 ( 1966 )
Squyres v. Christian , 1951 Tex. App. LEXIS 1655 ( 1951 )
Baxter v. Wetzel , 1974 Tex. App. LEXIS 2246 ( 1974 )
C. & S. Sporting Goods Co. v. Brady Independent School Dist.... , 54 S.W.2d 1033 ( 1932 )
Wolcott v. Hall , 1937 Tex. App. LEXIS 1542 ( 1937 )
Landa v. F. S. Ainsa Co. , 1921 Tex. App. LEXIS 365 ( 1921 )
Lone Star Building & Loan Ass'n of Houston v. State Ex Rel. ... , 91 S.W.2d 941 ( 1936 )
Eppenauer v. Hoffmann , 1938 Tex. App. LEXIS 1022 ( 1938 )
Hawkins v. Schroeter , 1948 Tex. App. LEXIS 1350 ( 1948 )
Saigh v. Anderson Bros. Corp. , 1948 Tex. App. LEXIS 1213 ( 1948 )
Wilson v. Pecos & Northern Texas Railway Co. , 23 Tex. Civ. App. 706 ( 1900 )
First National Bank v. East , 17 Tex. Civ. App. 176 ( 1897 )
Fetherston v. State , 146 S.W.2d 1078 ( 1940 )
First National Bank v. Valenta , 33 Tex. Civ. App. 108 ( 1902 )