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Galveston Daily News
Galveston, Texas
Friday, May 22, 1885
The Higher Courts
LEON & BLUM vs YOUNGER Bros.
From Wise County, DELANY J. adopted. This was a suit on open account, brought by appellants against appellees in Wise County. N. YOUNGER and C. YOUNGER composed the firm of Younger Bros., and that the former resided in Wise and the latter in Montague County. Appellees pleaded to the jurisdiction of the court, because of the residence of both individuals in Montague county. The evidence showed that the defendant had two mercantile establishments, one at Denver in Montague County and the other at Sunset in Wise County, some seven miles south of Denver. CEPH. YOUNGER was as married man and lived near the store at Devner; NAT YOUNGER was unmarried and divided his time between the two stores, the witness varying as to the proportion of time by him spent at the respective stores. While at Denver, he slept in the store and took his meals at CEPH YOUNGER’S; while at Sunset he slept in the store and took his meals at a restaurant, his acquaintances varying in their respective opinions as to his residence at Denver, many of them stating that he spent as much time at Sunset as at Denver. He ordered goods fro both establishments from Sunset. The goods were shipped to and received by the house at Sunset, and such as were needed at Denver were taken from the Sunset store and sent to Denver. The two brothers first opened a store at Denver in Montague County. They then established a branch house at Sunset, which was on the railroad and supposed to be in Wise County, and placed another brother, PEARCE YOUNGER, in charge of it. The two stores were seven miles apart and NAT YOUNGER was there very often, frequently spending several days at a time. But he appears to have voted in Montague County and to have claimed Denver as his home. Held, the only question in this case is one of jurisdiction, and that depends upon the residence of N. Younger. If his residence was in Wise Co., the court had the jurisdiction, otherwise it did not. … there were two partners. There was not doubt about the residence of one of them, hence there was no doubt that the suit might be maintained in Montague Co…. the judgment is affirmed.
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