McCarty v. Wood

Roberts, Chief Justice.

The defendant below having failed to procure any action of the court upon his exceptions to the petition, presented in his motion for a new trial the following grounds of objection to it:

“There was no itemized account filed in this cause as a basis for plaintiff’s demand.”

“ That in the allegations of plaintiff’s petition there is no sufficient basis for a judgment in this cause.”

The facts are stated in the petition in a general way, which might have rendered it liable to special exceptions. Still sufficient allegations are made to constitute a cause of action, and after…