Ketelsen & Degetau v. Pratt Bros. & Seay.
Decision Date | 20 March 1907 |
Citation | 100 S.W. 1172 |
Parties | KETELSEN & DEGETAU v. PRATT BROS. & SEAY. |
Court | Texas Court of Appeals |
Appeal from District Court, El Paso County; J. R. Harper, Judge.
Suit by Ketelsen & Degetau against Pratt Bros. & Seay. From a decree in favor of defendants, plaintiffs appeal. Reversed and remanded.
Patterson, Buckler & Woodson, for appellants. Turney & Burges and S. P. Weisiger, for appellees.
This is a suit to enjoin the sale of realty in El Paso, Tex., which had been levied on by the sheriff of El Paso county under an execution issued out of the county court of Taylor county, Tex., as in favor of appellees against "Ketelsen & Degetau." The temporary writ of injunction issued by the clerk was by its terms made returnable to the district court of El Paso county from which it issued, and was so returned. Upon final hearing the matter was disposed of by a plea and also a demurrer, both based on the want of jurisdiction as disclosed by the petition, the contention, which the court sustained, being that the county court of Taylor county and not the court in El Paso county had jurisdiction to hear and determine the grounds upon which the injunction was asked.
The grounds of the petition will be briefly stated. That on October 22, 1897, Pratt Bros. & Seay brought an action upon a contract in the county court of Taylor county against Ketelsen & Degetau, alleging the latter to be a firm composed of E. Ketelsen, Max Weber, and B. Degetau, upon a claim for $741.05, praying judgment against said Ketelsen & Degetau. That citation was had on Weber, but no service of any kind on Ketelsen or Degetau. That E. Ketelsen, Max Weber, and B. Degetau on February 3, 1898, filed a plea in abatement alleging that ...
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