Hufstutler v. Western Union Telegraph Co.
Court of Appeals of Texas
Appeal from Lampasas County Court; M. M. White, Judge. Action by T. J. Hufstutler against the Western Union Telegraph Company. Prom a judgment of the county court, on certiorari from the justice court, overruling a general demurrer and dismissing the case, plaintiff appeals.
1Opinion of the CourtJenkins, J.
This suit was brought by appellant in justice court to recover "damages on account of appellee’s failure to send a message when requested so to do after being, paid for same. The pleadings in the justice court were oral. Appellant recovered judgment for $175. The case having been removed to the county court by certiorari, appellant filed in writing his first, second, and third amended original petitions and his first supplemental petition. Appellee excepted to said third amended original petition: (1) Because it set up a new and different cause of action from that set up in appellant’s first…
2Cases cited2 opinions
- Simons v. SimonsTexas Supreme Court · 1855
- McSpadden v. EadsCourt of Appeals of Texas · 1914
3Cited by3 opinions
- Western Union Telegraph Co. v. HuffstutlerCourt of Appeals of Texas · 1916
- Houston & T. C. Ry. Co. v. ClaybrookCourt of Appeals of Texas · 1925
- Western Union Telegraph Co. v. HuffstutlerCourt of Appeals of Texas · 1916