Gulf, Colorado & Santa Fe Railway Co. v. Witte
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Suit brought by J. A, Witte to recover damages for burning his grass, hay, straw and wood. The opinion contains all the facts necessary to its being understood, except the language of counsel referred to in it, which will be found in the syllabus.
1Opinion of the Court
Gaines Associate Justice.
We need not notice appellant’s second assignment of error, further than to say that it is an elementary rule'that in proving the time at which a cause of action arose,, the plaintiff is never confined to that laid in his declaration or petition. (Gould on Pleading, sec. 63, et seq.)
At common law time was usually stated under a videlicet. This, by some authorities, was decided necessary in order to release the pleader from the necessity of proving the exact date as alleged. But a requisite so purely formal as this, has no place in our system of pleading and practice.…
2Cited by18 opinions
- Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
- Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
- D. &. H. Truck Line v. LavalleeCourt of Appeals of Texas · 1928
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
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