Tryon v. Butler

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

Error from Walker. Facts same as in Tousey ». Butler, ante, 525, together with the fact that Tryon was a co-defendant who did not appear and against whom judgment went by default.

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

How this case has been cited

Cited by 6 later decisions — most recently June 1962

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler, J.

¶1Our opinion in the case of Tousey v. Butler et al. [ante) meets the objections to the judgment in this ease as to the defendant Tousey. And as a misnomer of. parties must always be' pleaded in abatement, or the right to (he exception is lost, (1 Mass. R., 76; 5 Id., 97; 10 Id., 205; 16 Id., 146; 6 Munf. R., 219; 4 Cow. R., 148; 10 S. & R., 257,) the other defendant, Tryon, can bo in no better condition than his co-defendant, in consequence of having suffered judgment to go against him by default. Even if the petition had not been amended, this defendant, not having pleaded the misnomer in abatement, could not take advantage of it on error. The amendment having been properly allowed, cannot afford a ground for reversing the judgment.

¶2Judgment affrmed.