Oswald v. Giles

1 Citing case

  1. Hamilton v. Wm. H. Swanson Film Co.

    206 S.W. 574 (Tex. Civ. App. 1918)   Cited 4 times

    It is true that the interveners' petition does not show upon its face that the cause of action is barred by limitation; therefore the defense cannot be maintained by exceptions, but must be affirmatively pleaded and proven to be a defense to this cause of action. Oswald v. Giles, 178 S.W. 677. This brings us to the fifth and last assignment, which complains of the instructed verdict, and is followed by many propositions.