Park v. Wood, A-1215.

Decision Date18 June 1947
Docket NumberNo. A-1215.,A-1215.
Citation203 S.W.2d 204
PartiesPARK v. WOOD et al.
CourtTexas Supreme Court

Hardway, Harwell, Smith & Gwin, of Houston, and William Pannill, of Fort Worth, for relator.

McGown, McGown, Godfrey & Logan, of Fort Worth, for respondents.

SLATTON, Justice.

This is an original petition for mandamus filed in this Court by T. S. Park for the purpose of compelling the Honorable Court of Civil Appeals at Fort Worth to certify to this Court a question of law which arises in an interlocutory order, in which T. S. Park was denied the privilege of being sued in the county of his residence, towit, Harris County. A suit was filed in one of the district courts of Tarrant County by Craig Wood, Byron Nelson and Jimmie Demaret as plaintiffs against T. S. Park, Henry G. Picard, Ben Hogan and Mrs. John Burke as defendants. The residences of the parties were alleged as follows:

"Plaintiff Craig Wood is a resident of New York, New York; plaintiff Byron Nelson is a resident of Denton County, Texas; plaintiff Jimmy Demaret is a resident of Harris County, Texas; defendants T. S. Park and Mrs. John J. Burke are residents of Harris County, Texas; defendant Henry G. Picard is a resident of Cleveland, Cuyahoga County, Ohio; defendant Ben Hogan is a resident of Tarrant County, Texas."

The dominant purposes of the suit are to require an accounting by T. S. Park; to enjoin T. S. Park from manufacturing certain articles of merchandise; that on final hearing the exclusive right to manufacture such merchandise be adjudged in plaintiffs and other interested parties; judgment for specific performance of a contract against T. S. Park; judgment against T. S. Park for all moneys received by him and converted to his own use; that an auditor be appointed to audit the books of T. S. Park and the corporate assets; that the rights of the parties be established in and to the funds of the corporation and in the alternative plaintiffs and those similarly situated have judgment for damages for breach of contract against the defendant T. S. Park in the sum of $170,000, and for general and special relief, and so forth.

The Honorable Court of Civil Appeals at Fort Worth affirmed the interlocutory order of the trial court, and denied the plea of T. S. Park to be sued in Harris County.

T. S. Park seasonably filed his motion for rehearing and timely requested the intermediate court to certify to this Court certain questions of law. The main basis of the request to certify was predicated upon the conflict of the opinion of the Court of Civil Appeals at Fort Worth with the opinion of the Supreme Court in the case of Stockyards National Bank v. Maples, ...

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12 cases
  • Muncy v. General Motors Corp.
    • United States
    • Texas Court of Appeals
    • 16 Marzo 1962
    ...bona fide cause of action against the resident defendant. Stockyards National Bank v. Maples, 127 Tex. 633, 95 S.W.2d 1300; Park v. Wood, 146 Tex. 62, 203 S.W.2d 204. Appellees concede that appellants have adequately met the first two of the above requirements: that General Motors Corporati......
  • Houston Sash & Door Co., Inc. v. Davidson, 7581
    • United States
    • Texas Court of Appeals
    • 9 Mayo 1974
    ...against the resident defendant. It is at this point that the defendant obtains a preview of the plaintiff's case. Park v. Wood, 146 Tex. 62, 203 S.W.2d 204, 205 (1947), and Glens Falls Indemnity Co. v. Sterling, 213 S.W.2d 858 (Tex.Civ.App., Dallas, 1948, mandamus overruled), cited by the a......
  • Mobil Oil Corp. v. Cook
    • United States
    • Texas Court of Appeals
    • 23 Abril 1973
    ...subdivision 4 as to either Mobil or Brownlee, Cook is required to prove a cause of action against a resident defendant. Park v. Wood, 146 Tex. 62, 203 S.W.2d 204 (1947). To sustain venue in Gray County against Mobil under subdivision 23, it is necessary that Cook prove a cause of action aga......
  • Faver v. Leonard, 81
    • United States
    • Texas Court of Appeals
    • 15 Octubre 1964
    ...Defendant's Plea of Privilege by fraudently joining a local Defendant in fictitious allegations which he cannot prove. Park v. Wood, 146 Tex. 62, 203 S.W.2d 204, Supreme Court; Stockyards Nat. Bank v. Maples, supra; Richardson v. D. S. Cage Company, 113 Tex. 152, 252 S. W. 747, Supreme Cour......
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