P. J. Willis & Bro. v. Hudson
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. I. B. McFarland. Thos. F. Hudson, Jr., sued P. J. Willis & Bro. and Sam. G. Wilson, alleging that Thos. F, Hudson, Jr., on December 2, 1882, was the owner, and was in the quiet and peaceable possession of a stock of goods in the town of Caldwell, of the value of $4,500; that on the 2d of December, 1882, Willis & Bro. and Sam.
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Appeal from Burleson. Tried below before the Hon. I. B. McFarland. Thos. F. Hudson, Jr., sued P. J. Willis & Bro. and Sam. G. Wilson, alleging that Thos. F, Hudson, Jr., on December 2, 1882, was the owner, and was in the quiet and peaceable possession of a stock of goods in the town of Caldwell, of the value of $4,500; that on the 2d of December, 1882, Willis & Bro. and Sam. G-. Wilson seized the property and took it away, and converted the same to their own use — to plaintiff’s damage $5,000; that in making said seizure, Wilson was instigated by his co-defendants, Willis & Bro., “who…
1Opinion of the Court
Willie, Chief Justice.
Much discussion has been had by counsel as to what defenses are admissible under the general issue in the various common law forms of action appropriate to the state of case made by the plaintiff’s petition.
We deem it unnecessary to enter into an examination of the principles governing the pleadings used in such actions, or the character of evidence admissible under each of them.
We have abolished all common law forms of action, and under our system a plaintiff states the very case upon which he seeks to recover, and a general denial puts him upon proof of at least every *682a…
2Cases cited5 opinions
- Stearns v. VincentMichigan Supreme Court · 1883
- Tisdale v. MitchellTexas Supreme Court · 1854
- Tuthill v. WheelerNew York Supreme Court · 1849
- Herndon v. EnnisTexas Supreme Court · 1857
- Rotan v. FletcherNew York Supreme Court · 1818
3Cited by29 opinions
- W. L. Moody & Co. v. RowlandTexas Supreme Court · 1907
- Davis v. PettittTexas Commission of Appeals · 1924
- Farmers' Gas Co. v. CalameCourt of Appeals of Texas · 1924
- San Jacinto Rice Co. v. UlrichCourt of Appeals of Texas · 1919
- World's Special Films Corp. v. FichtenbergCourt of Appeals of Texas · 1915
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