De Witt v. Miller's Adm'r
Texas Supreme Court
Appeal from Bexar. The subject of this controversy was a league of land, being one of three leagues granted to Joseph Clements in 1830 or 1831 by the State of Coahuila'and Texas, and in which grant Green De Witt was jointly and equally interested.
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Appeal from Bexar. The subject of this controversy was a league of land, being one of three leagues granted to Joseph Clements in 1830 or 1831 by the State of Coahuila'and Texas, and in which grant Green De Witt was jointly and equally interested. The said Green De Witt, having choice, selected this league as a portion of his share, and, as the petition averred, sold tho same to one Thomas R. Miller, authorizing and requiring, by a written instrument, the said Clements to convey title to the said Miller. Shortly afterwards the said De Witt departed this life and Miller perished at the fall of…
1Opinion of the Court
IlKMi’uiihtj. Cu. J.
The first ground for reversal is, in substance, but a general demurrer to the sufficiency of (he plaintiff’s petition. As a general rule, such exception, where the defendant appears, should be set up' in the court below. Tiie verdict or decree cures all defects, imperfections or omissions in the petition or statement of the. cause, of action, whether of substance or of form, if the issues joined be such as require proof of the facts imperfectly stated or omitted, though it will not cure or aid a statement of a defective title or cause of action. (L Chiriy, p. 712, 722.)…
2Cited by18 opinions
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
- Williams v. WarnellTexas Supreme Court · 1866
- Munson v. TerrellTexas Supreme Court · 1907
- Gohlman v. GriffithTexas Commission of Appeals · 1922
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