Johnson v. Wise

This is the second appeal of this cause. The former appeal was to the Court of Civil Appeals at El Paso, and the opinion of the court on that appeal will be found in Johnson v. Wise, 272 S.W. 296. While ordinarily we do not find it necessary to set out in an opinion the pleadings of the parties, yet a proper understanding of the questions involved in this case requires that a considerable portion of the pleadings of appellee be embodied herein.

It appears from the opinion in the former appeal that plaintiff's original petition contained only the statutory allegations of an action in trespass…