Hoggland v. Cothren
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. W. S. Todd. The petition of Elizabeth Hoggland, the plaintiff, alleges that the defendant, with force and arms made an assault upon her and the members of her family; entered her dwelling house and attempted to set it on fire; that she and her said family were alarmed and abused by the violence aforesaid; prays for citation to the defendants" and for judgment as recited in the opinion.
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Appeal from Dallas. Tried below before the Hon. W. S. Todd. The petition of Elizabeth Hoggland, the plaintiff, alleges that the defendant, with force and arms made an assault upon her and the members of her family; entered her dwelling house and attempted to set it on fire; that she and her said family were alarmed and abused by the violence aforesaid; prays for citation to the defendants" and for judgment as recited in the opinion. There is no direct or special averment of damage in the petition. The defendants pleaded the general issue. There is no statement of facts in the case.
1Opinion of the CourtRoberts, J.
A verdict was found and judgment rendered in favor of the appellant for the sum of six hundred and fifty dollars damages. The judgment was arrested, and the only ground set forth in the motion to arrest it, is because “ the plaintiff has not alleged in her petition that she sustained any sum as damages by the acts of. these defendants set forth in the petition.”
*346The petition states that the defendants did, with force and arms enter the dwelling house of plaintiff, and did then and there, with force and arms assault-, and beat, and bruise the plaintiff and her daughter, who was living with her…
2Cited by6 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- International & Great Northern Railway Co. v. CulpepperCourt of Appeals of Texas · 1898
- Canyon Power Co. v. GoberCourt of Appeals of Texas · 1917
- S. A. & A. R'y Co. v. GwynnCourt of Appeals of Texas · 1891
- H. W. Williams & Co. v. PerryCourt of Appeals of Texas · 1886
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