Sayles' Annotated Civil Statutes of the State of Texas Volume 1

Sayles' Annotated Civil Statutes of the State of Texas Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ... note are subject to the jurisdiction of a justice of the peace within the precinct of the payee, who indorsed such note, in a suit against him as indorser and the makers of the note; so, also, if the note is payable to bearer. Graves v. First Fat. Bank, 77 T. 555; 14 S. W. R. 163. (2) In a suit against parties jointly liable, if the residence of one is known and the other is unknown, suit must be brought in the county of the former's residence. Claiborne v. Pickens. 4 App. C. C., 117. (3) Vhere personal property is purchased to be delivered to a railway company for transportation, "f. o. b.," the contract is complete and the cause of action accrued where the articles purchased are loaded on the cars. Oil Co. v. Seeligson, 4 App. C. C., _ 206. (4) The provision as to suits against executors, etc., is imperative. Bondies v. Buford, 58 T. 266. (5) The exceptions enumerated in clauses 4-18 are for the benefit of the plaintifl', and confer on him the right to determine where the suit shall be brought, in the exercise of which the courts will not control him, unless it is alleged and shown that a fraud upon the jurisdiction of the court is attempted by the plaintiff. Carro v. Carro, 60 T. 395; Cahn v. Bonuett, 62 T. 674; Carothers v. Mcllhenny, 63 T. 138. (6) Proof of custom is inadmissible to show that a contract was to be performed at a particular place. Hudson v. Henderson, 1 App. C. C., 353. (7) Suit for the recovery of rents against a defendant residing in G. county was properly brought in R. county, where the rented premises were situated. Heidenheimer v. Allen, 1 App. C. C., 1281. (8) Where the fraud arises out of a conspiracy, suit may be brought in any precinct where any act in...
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Product details

  • Paperback | 786 pages
  • 189 x 246 x 40mm | 1,379g
  • United States
  • English
  • black & white illustrations
  • 1236960947
  • 9781236960948