Williams v. Warnell
Texas Supreme Court
Error from Hill. The case was tried before Hon. John G-regg, one of the district judges. All facts necessary to a clear understanding of the rulings are sufficiently stated in the syllabus and in the opinion of the court. The general demurrer to the special answer having been sustained, the defendant was left without defense, and there was judgment for the plaintiff!, from •which the defendant appealed.
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Error from Hill. The case was tried before Hon. John G-regg, one of the district judges. All facts necessary to a clear understanding of the rulings are sufficiently stated in the syllabus and in the opinion of the court. The general demurrer to the special answer having been sustained, the defendant was left without defense, and there was judgment for the plaintiff!, from •which the defendant appealed. The question was as to the sufficiency of the answer upon a general demurrer.
1Opinion of the CourtCoke, J.
—There was manifest error in the ruling of the court below, sustaining the demurrer to the answer.
The answer, it is true, is obnoxious to criticism. It does not deny directly the appointment of Warnell as administrator by the county court of Hill county, nor that he was the acting and recognized administrator; nor does, it *612state the facts constituting the fraud which is charged on him; nor does it as directly and specifically offer hack the title and possession of the land acquired by the purchase' as it should. If these objections had been set up to the answer by special exceptions, it would…
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