Williams v. Randon
Texas Supreme Court
Error from Fort Bench Suit by plaintiff in error against defendant in error, “for that whereas, heretofore, to wit: during the years A. D. 1841, 1842, 1843, “and 184-f, the said defendant became indebted to diaries Power in a large “sum of money, to wit: the sum of three thousand eight liuudred and eighty-“six --fJu- dollars, for divers goods, wares, and merchandise sold and cleliv- “ ered by the. said diaries Power to tiie said defendant, and for so much money “lent and…
Read the full summary
Error from Fort Bench Suit by plaintiff in error against defendant in error, “for that whereas, heretofore, to wit: during the years A. D. 1841, 1842, 1843, “and 184-f, the said defendant became indebted to diaries Power in a large “sum of money, to wit: the sum of three thousand eight liuudred and eighty-“six --fJu- dollars, for divers goods, wares, and merchandise sold and cleliv- “ ered by the. said diaries Power to tiie said defendant, and for so much money “lent and advanced by tiie said Charles Power to the said defendant at his “special instance and request, and also for so much money…
1Opinion of the Court
J.
The first error is the refusal of the court to strike out the demurrers of the defendant, on the motion of the plaintiff. It is not tin* practice to strike out a demurrer on motion, unless it is filed out of the order of pleading. If the plaintiff had not amended his petition, after the defendant had answered, tiie defendant would not have keen permitted to demur : because it was out of the order of pleading, to demur after answer. Rut when the plaintiff’s amended petition came in, the defendant had a right to demur or to answer. He chose the latter; and, in so doing, he violated no rule of…
2Cited by14 opinions
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- Morrison v. WalkerTexas Supreme Court · 1858
- McLane v. PaschalTexas Supreme Court · 1884
- Perrin v. Mallory Commission Co.Arizona Supreme Court · 1904
- Nystel v. GullyCourt of Appeals of Texas · 1923
9 more not listed; retrieve them via the Exa API.