Caldwell v. Haley
Texas Supreme Court
— Appeal from Houston County. The appellee filed his petition, alleging that the appellant, who was defendant below, “ on the-day of-, 1847, was indebted to him in the sum of twelve hundred dollars, as well for work and labor, care and diligence, and divers materials and necessary things in and about the said work by your petitioner, to and for the use of said Caldwell, at his special instance and request, before that time done, performed, bestowed and promised; and for…
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— Appeal from Houston County. The appellee filed his petition, alleging that the appellant, who was defendant below, “ on the-day of-, 1847, was indebted to him in the sum of twelve hundred dollars, as well for work and labor, care and diligence, and divers materials and necessary things in and about the said work by your petitioner, to and for the use of said Caldwell, at his special instance and request, before that time done, performed, bestowed and promised; and for divers goods, wares and merchandise sold and delivered; and divers sums of money lent and advanced, paid, laid out and…
1Opinion of the Court
Mr. Justice Wheeler,
after stating the facts of the case, ' delivered the opinion of the court.
The only questions which it is deemed material to consider, relate to the overruling of the exceptions to the petition and the motion to quash the attachment.
In our pleadings, it has uniformly been held essential to state the facts on which the party intends to rely as constituting his cause of action or ground of defense, with such circumstantial accuracy as to apprise the opposite party of what is intended to be proved at the trial. [Wright vs. Wright (decided at the present term); Mimms vs.…
2Cases cited1 opinion
- Mims v. MitchellTexas Supreme Court · 1846
3Cited by18 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Negociacion Agricola Y Ganadera De San Enrique, S. A. v. LoveCourt of Appeals of Texas · 1920
- Kreis v. KreisCourt of Appeals of Texas · 1931
- Freedman Packing Co. v. HarrisCourt of Appeals of Texas · 1942
- W. M. W. N.W. Ry. Co. v. GrangerTexas Supreme Court · 1893
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