Redus v. Blucher

This is a suit instituted by appellant to recover a penalty for an overcharge in fees made by appellee as suveyor of Nue-ces county. A general demurrer to the petition was sustained by the court, and, appellant failing to amend, the cause was dismissed.

It is claimed that the petition is open to attack by a general demurrer because it fails to allege that the land surveyed for appellant was situated in Nueces county, and, the suit being for a penalty the rule, that when a pleading is assailed by general demurrer every reasonable intendment must be indulged in favor of it, has no application,…