Killebrew v. Stockdale
Texas Supreme Court
Killebrew v. Stockdale, 51 Tex. 529 (Tex. 1879)
Gould
Killebrew v. Stockdale
Opinion of the Court
Although the petition may have been bad on general demurrer for want of sufficient averments of ownership of the instruments sued on, it was a sufficient commencement of suit on those instruments to stop the running of the statute of limitations. The subsequent amendment of the petition correcting or supplying its defects as a petition on the same notes and mortgages, was not the commencement of a new suit. The judgment is affirmed.
Aeeirmed.
Reference
- Full Case Name
- W. Killebrew v. F. S. Stockdale, Adm'r
- Cited By
- 27 cases
- Status
- Published
- Syllabus
- Limitation.—See statement of this case for facts pleaded in a suit to recover judgment on promissory notes which, though they may have rendered the petition bad on general demurrer for want of sufficient averments of ownership of the notes, constituted a sufficient commencement of a suit to stop the running of the statute of limitations. The amendment of a petition thus defective is not the commencement of a new suit.