Ward v. McRimmond
Texas Supreme Court
Error from Upshur. Petition for certiorari. The petition of William Ward, a citizen of Upshur Co., and State of Texas, respectfully shows to your Honor, that on or about April, A. D„, 1851, one Cornelius McRimmond, a citizen of said county and State, holding himself out to the world as a mechanic and wheelright, contracted with your petitioner to make a mill wheel for your petitioner for fifty dollars, which said wheel made by said McRimmond proved of no value to your…
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Error from Upshur. Petition for certiorari. The petition of William Ward, a citizen of Upshur Co., and State of Texas, respectfully shows to your Honor, that on or about April, A. D„, 1851, one Cornelius McRimmond, a citizen of said county and State, holding himself out to the world as a mechanic and wheelright, contracted with your petitioner to make a mill wheel for your petitioner for fifty dollars, which said wheel made by said McRimmond proved of no value to your petitioner, the workmanship of said wheel being so badly executed, that it failed to subserve the purpose for which your…
1Opinion of the CourtWheeler, J.
It appears by the averments of the petition for certiorari, that the defendant had a good defence to the action before the justice. There is perhaps less certainty, specialty and directness in setting forth the merits of the petitioner’s case, than has generally been held essential, where the legal sufficiency of the petition in these respects has been brought in question by exceptions. And had the plaintiff excepted to the want of certainty in the averments of the petition, his exceptions, by the previous rulings of the Court, must have been sustained. But, by excepting to the petition for…
2Cited by4 opinions
- Huebsch Mfg. Co. v. ColemanCourt of Appeals of Texas · 1938
- Clark v. HopkinsTexas Supreme Court · 1871
- Hail v. MagaleCourt of Appeals of Texas · 1883
- McDonald v. CrossTexas Supreme Court · 1856