Lewis v. Alexander
Texas Supreme Court
Error from Fannin. Tried below before the Hon. R. R. Gaines. The history of the proceedings in this case will be found in 34 Tex., 608, 609, 691, 692, and in the opinion of Chief Justice Roberts in 47 Tex., 482. After the case was last remanded, the plaintiff filed a petition which was designated as “in lieu of and in substitution for the original and all the amended petitions heretofore filed in this cause.”
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Error from Fannin. Tried below before the Hon. R. R. Gaines. The history of the proceedings in this case will be found in 34 Tex., 608, 609, 691, 692, and in the opinion of Chief Justice Roberts in 47 Tex., 482. After the case was last remanded, the plaintiff filed a petition which was designated as “in lieu of and in substitution for the original and all the amended petitions heretofore filed in this cause.” A general demurrer and special demurrers were filed by defendants, which were sustained in a judgment which declared, in general terms, that, on hearing the exceptions of defendants to…
1Opinion of the Court
Bojotee, Associate Justice.
This is the third time this case has been before this court. (34 Tex., 608; 47 Tex., 481.)
*583After it was remanded the last time, the plaintiff filed an amended original petition as a substitute for all his previous pleadings, in which he seems to have endeavored to obviate the objections to them suggested by the former opinion of the court.
To this the defendant filed a separate special demurrer and a general and even additional special demurrers.
On the trial below, the court, by a general judgment, sustained the demurrers without further designation; and the plaintiff…
2Cases cited23 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
- Texas & Pacific Railway Co. v. GayTexas Supreme Court · 1894
- Burleson v. BurlesonTexas Supreme Court · 1866
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3Cited by46 opinions
- Texas Employers' Ins. Ass'n v. ClarkCourt of Appeals of Texas · 1929
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- McDonough v. ZamoraCourt of Appeals of Texas · 1960
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1895
- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
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