Ellerd v. Randolph
Court of Appeals of Texas
Appeal from District Court, Hale County; L. S. Kinder, Judge. Action by H. C. Randolph and another against R. M. Ellerd and another. From a judgment for plaintiffs, defendants appeal.
1Opinion of the Court
There is a motion to strike out the statement of facts, which, upon the oral argument, appellants' counsel conceded was well taken.
The only error, if any, which under the circumstances can be considered, is a fundamental one. It appears that the court sustained a general demurrer to defendants' special answer, which answer defendants declined to amend. The demurrer was: "Plaintiffs except generally to all matters set forth by way of special answer in defendants' original answer appearing in paragraphs 1 to 16, inclusive, of said answer, and say that the same, if true, * * * shows no defense…
2Cited by11 opinions
- Rippey v. WilsonMichigan Supreme Court · 1937
- Cochran v. CochranCourt of Appeals of Texas · 1960
- Lott v. AyresCourt of Appeals of Texas · 1980
- Murchison v. Caruth Building ServiceCourt of Appeals of Texas · 1963
- Knox v. LongCourt of Appeals of Texas · 1952
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