Clegg v. Temple Lumber Co.

Texas Commission of Appeals

Clegg v. Temple Lumber Co.

222 S.W. 971, 1920 Tex. App. LEXIS 680

CourtTexas Commission of Appeals

DecidedJune 26, 1920

DocketNo. 148-3095

StatusPublished

Cited by2 cases

This text of 222 S.W. 971 (Clegg v. Temple Lumber Co.) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clegg v. Temple Lumber Co., 222 S.W. 971, 1920 Tex. App. LEXIS 680 (Tex. Super. Ct. 1920).

Pincite

Opinion

KITTRELL, J.

From the decision of the Court of Civil Appeals (195 S. W. 646) to which we refer, writ of error was granted by the Committee of Judges. In the view of the Supreme Court the suit, however styled, was essentially one for the recovery of land, and .the trial court’s sustaining of exceptions upon the question of misjoinder of parties plaintiff was correct. Hunt v. Johnson, 106 Tex. 510, 171 S. W. 1125. Plaintiff’s refusal to amend following that ruling of the trial court necessarily ended the case.

In this view we conclude that the judgment of the Court of Civil Appeals should be affirmed on the ground stated.

PHILLIPS, C. J.

We approve the judgment recommended in this case.

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