Baldwin v. Richardson
| Decision Date | 06 May 1905 |
| Citation | 87 S.W. 353 |
| Parties | BALDWIN v. RICHARDSON. |
| Court | Texas Court of Appeals |
Appeal from Jones County Court; J. B. Thomas, Judge.
Action by J. L. Baldwin against Ellis Richardson. From a judgment in favor of defendant, plaintiff appeals. Reversed.
H. G. McConnell and C. C. Ferrell, for appellant. C. H. Steele and Webb & Hill, for appellee.
Appellant instituted this suit for damages against the appellee in the county court of Jones county. Appellee, among other things, filed his plea of privilege to be sued in Shackelford county, Tex., the place of his residence. This plea was sustained, and a judgment of dismissal entered, from which this appeal has been prosecuted.
In appellant's amended petition on file at the time of the ruling complained of, and which, under the rules, superseded the original petition, it was alleged, in substance, that in July, 1902, the plaintiff made an agreement with the defendant by which he was authorized to place certain cattle then owned and held by the plaintiff in a pasture situated in Jones county, Tex., then controlled and held by the defendant; that said cattle were free from disease of every character; that defendant represented that said pasture was free from ticks and contagion, and free from disease of any kind; that plaintiff, relying upon the representations so made, placed in said pasture 148 head of cattle; that thereafter the defendant, Ellis Richardson, "did then and there have in his possession cattle affected with contagious and infectious diseases known as Texas or splenetic fever, and did then and there knowingly cause said diseased animals to be placed in the foresaid 13-section pasture and in contact with the plaintiff's cattle therein situated, without the consent or knowledge of plaintiff, and did thereby injure the aforesaid cattle of the plaintiff by communicating to them the diseases aforesaid; and the defendant did also then and there move and turn, and caused to be moved, his cattle into said pasture, which had been exposed to the contagion and infection of Texas or splenetic fever in said pasture, knowingly, and placed the same in contact with plaintiff's aforesaid cattle, thereby also communicating the aforesaid disease to plaintiff's cattle"; whereby it was alleged that the cattle were injured and died as specified in the petition.
To the general rule that no person who is an inhabitant of this state shall be sued out of the county in which he has his domicile there are numerous exceptions,...
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Koonce v. Schwarz
...Whitlock, Tex.Civ.App., 210 S.W.2d 261, 263; Highway Motor Freight Line v. Slaughter, Tex.Civ.App., 84 S.W.2d 533; Baldwin v. Richardson, 39 Tex.Civ.App. 348, 87 S.W. 353, 354; Sproles v. Copeland, Tex.Civ.App., 67 S.W.2d 1076; Campbell v. Trimble, 75 Tex. 270, 12 S.W. 863; and Hunt v. Hard......
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Page v. Schlortt, 7970.
...v. Cameron & Co., 83 Tex. 351, 18 S. W. 437; Stewart v. Nichols & Haralson, 36 Tex. Civ. App. 354, 82 S. W. 339; Baldwin v. Richardson, 39 Tex. Civ. App. 348, 87 S. W. 353; Hill v. Kimball, 76 Tex. 210, 13 S. W. 59, 7 L. R. A. See, also, Claer v. Oliver (Tex. Civ. App.) 62 S.W.(2d) 354, and......
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Texas Hardwood Co. v. Moore
...v. Cameron & Co., 83 Tex. 351, 18 S. W. 437; Stewart v. Nichols and Harlson, 36 Tex. Civ. App. 354, 82 S. W. 339; Baldwin v. Richardson, 39 Tex. Civ. App. 348, 87 S. W. 353; Hill v. Kimball, 76 Tex. 210, 13 S. W. 59, 7 L. R. A. The judgment of the trial court is affirmed. ...
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Dillingham v. Cavett, 4533.
...Austin v. Cameron & Co., 83 Tex. 351, 18 S.W. 437; Stewart v. Nichols & Haralson, 36 Tex.Civ.App. 354, 82 S.W. 339; Baldwin v. Richardson, 39 Tex.Civ.App. 348, 87 S.W. 353; Hill v. Kimball, 76 Tex. 210, 13 S.W. 59, 7 L.R.A. "See, also, Claer v. Oliver (Tex.Civ. App.) 62 S.W.(2d) 354, and Go......