Loungeway v. Hale
Texas Supreme Court
Error from Wise. Tried below before Hon. F. E. Finer. The petition of Mary E. Hale, as surviving widow of J. W. Hale, and Roena T. Oates, as only heir of J. W. Hale, joined by her husband -C. D. Cates, declared that Hale was dead; that plaintiffs were his only heirs; that there was no administration upon his estate, and showed by facts alleged that there was no necessity for administration.
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Error from Wise. Tried below before Hon. F. E. Finer. The petition of Mary E. Hale, as surviving widow of J. W. Hale, and Roena T. Oates, as only heir of J. W. Hale, joined by her husband -C. D. Cates, declared that Hale was dead; that plaintiffs were his only heirs; that there was no administration upon his estate, and showed by facts alleged that there was no necessity for administration. The petition sued Paul Loungeway, a resident of Wise County, on a promissory note, and after above allegations says: “That said Loungeway is justly •indebted to them by reason of his certain promissory…
1Opinion of the Court
Collard, Judge.—
The citation does state “the nature of the plaintiffs’ demand ” as required by articlé 1215 of the Revised Statutes. It is not necessary that the citation should contain a statement of the cause of action or the elements of the demand, but only its nature. What is the-nature of the demand? It is an action on a promissory note for one hundred and ten dollars and twelve per cent interest per annum, and a foreclosure of a mortgage on fifty-six acres of land, a portion of quarter section 19 of Grayson County school land. The citation so states the nature of the demand, except that…
2Cases cited4 opinions
- Cave v. Mayor of HoustonTexas Supreme Court · 1886
- Thigpen v. MundineTexas Supreme Court · 1859
- Guest v. H. Rhine & Bros.Texas Supreme Court · 1856
- Massey v. MasseyTexas Supreme Court · 1857
3Cited by14 opinions
- Peters v. AllenCourt of Appeals of Texas · 1927
- Ray v. BarringtonCourt of Appeals of Texas · 1927
- Santa Fé, L. E. & P. Land & Trust Co. v. CumleyCourt of Appeals of Texas · 1910
- O'Donnell v. ChambersCourt of Appeals of Texas · 1914
- Blake v. VeseyCourt of Appeals of Texas · 1912
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