Western Union Telegraph Co. v. Henry

GAINES, Associate Justice.

This suit was brought by defendant in error to recover of plaintiff in error damages for failure to deliver certain telegraphic messages. There was a judgment by default, from which the defendant company sued out a writ of error to the Court of Civil Appeals, assigning as error the insufficiency both of the petition and of the citation to support the judgment. The Court of Civil Appeals affirmed the judgment.

The petition, after alleging that Evan Thompson, the grandfather of the plaintiff, was lying at the point of death at his residence in Rusk County," arid' that…