Rice v. Lemon
Texas Supreme Court
Error from Wood. Heard before the Hon. W. W. Morris. Suit by plaintiff in error against defendants in error, to recover four fold certain fees alleged to have been illegally exacted of the plaintiff by the defendant, as Clerk of the District Court, by his deputy.
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Error from Wood. Heard before the Hon. W. W. Morris. Suit by plaintiff in error against defendants in error, to recover four fold certain fees alleged to have been illegally exacted of the plaintiff by the defendant, as Clerk of the District Court, by his deputy. The petition referred to certain records of the Court, from which it stated the facts alleged would appear, and prayed leave to inspect them for greater certainty ; but did not otherwise make them part of the petition. Demurrer to petition sustained.
1Opinion of the CourtWheeler, J.
It is unnecessary to inquire whether the averments of the original and amended petition were, in themselves and independent of the exhibits and reference therein made to the proceedings of record, in the cause, sufficient under the decisions of this Court, to entitle the plaintiff to maintain this action. The statute is penal, and the pleadings and proceedings, in a suit to enforce the penalty, must be construed strictly. (8 Tex. R. 255 ; Id. 206 ; Id. 358.) The allegations of the petition must be taken and considered together with the exhibits and references to the records then before the…
2Cited by2 opinions
- Parvin v. ByersCourt of Appeals of Texas · 1929
- Parvin v. ByersCourt of Appeals of Texas · 1929