Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64. Page: 58
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68 SSANGER BRos. v. OVERMIER & O'NEIL. - [Austin Term,
Opinion of the court.
and E. T. O'Neil were merchants and partners, doing business in
Parker county, and on that day bought goods to the value of some
$1,600, from Sanger Bros., payable December 22, 1881. On the
29th of October, 1881, Sanger Bros. brought suit in Parker county
upon the account incurred for these goods, alleging that the defendants
resided in that county, and asking and obtaining an attachment,
which was levied upon goods of Overmier & O'Neil. The
defendants did not, at the date of bringing the suit, reside in Parker
county, but in the county of Van Zandt.
On the 2d of April, 1882, O'Neil filed a plea in abatement,
claiming the personal privilege of being sued in Van Zandt county,
upon this claim.
On the 25th of November, 1882, J. S. Overmier, through his attorney
at law, filed a general denial to the action.
It is admitted that the partnership between Overmier and O'Neil
was dissolved long previous to the filing of this last answer. L. &
H. Blum and Marx & Kempner having obtained valid attachments
in other counties subsequent in date to that of Sanger Bros., had
them levied upon the property seized under the latter, and intervened
in this suit, claiming that the attachment of Sanger Bros.
was void, the district court of Parker county having no jurisdiction
of the cause, and that their liens should be satisfied out of the proceeds
of the attached property. It is unnecessary to further recite
the pleadings of the parties to the suit.
After the evidence and argument had been concluded, it was
agreed by the parties in open court, that the questions of fact raised
by O'Neil's plea in abatement should be submitted to the jury for
a finding thereon, as to him, and that after their verdict the court
should decide all other questions, as well of fact as of law. After
the charge the jury returned a verdict in favor of O'Neil, and that
the court had no jurisdiction. Whereupon the court rendered judgment
in favor of defendant as against Sanger Bros., and, releasing
their lien upon the property attached, foreclosed the subsequent attachment
liens of the intervenors. From this judgment the plaintiffs
appeal to this court.
It is apparent from the record that although the partnership
between Overmier and O'Neil had been dissolved previous to Overmier's
appearance and defense filed to this action, yet the partnership
debts had not all been paid. The debt of the plaintiffs and
those of the intervenors were still outstanding against the firm.
Under such circumstances, it has been held by this court that service
of citation upon one partner will authorize a judgment against part
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64., book, 1886; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28510/m1/82/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .