Edgar v. Galveston City Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This was a suit for the league of land on which the city of Galveston is situated. A first suit by the same party was before this court; and the judgment of the court below, sustaining a demurrer to the petition, was affirmed by this court.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This was a suit for the league of land on which the city of Galveston is situated. A first suit by the same party was before this court; and the judgment of the court below, sustaining a demurrer to the petition, was affirmed by this court. (21 Tex., 302.) This was a second suit, brought March 24, 1859, upon the same allegations of facts, substantially as the first, so far as it sought the recovery of said league of land, which were, in substance, that Edgar, with his family, emigrated to Texas in 1835; settled as a colonist…
1Opinion of the Court
Roberts, Chief Justice.
In 1840, when the common law was adopted as our fundamental system of jurisprudence, it was provided, that “the proceedings in civil suits shall, as heretofore, be conducted by petition and answer.” (Paschal’s Dig., art. 979.) Subsequently it was thought proper to give directions, in framing a petition, requiring that it “ shall set forth clearly the names of the parties, and their residence, if known, with a full and clear statement of the cause of action, and such other allegations, pertinent to the cause, as may be deemed necessary to sustain the suit, and also a…
2Cases cited2 opinions
- Whitlock v. CastroTexas Supreme Court · 1858
- C. Yale, Jr., & Co. v. Ward'sTexas Supreme Court · 1867
3Cited by5 opinions
- Colbert v. Dallas Joint Stock Land BankTexas Supreme Court · 1937
- Gibbs v. LesterTexas Commission of Appeals · 1931
- Love v. GamerCourt of Appeals of Texas · 1933
- Lyle v. HarrisCourt of Appeals of Texas · 1880
- Ward's Heirs v. WardTexas Commission of Appeals · 1880