Watson v. Loop
Texas Supreme Court
Error from Bowie. This suit was brought by the appellant against Madden, the appellee’s intestate, in his lifetime, under Article 2380 of the Digest, for postdating certain articles charged in an account. The defendant died .after suit brought, and the suit was revived by scire facias against his administrator.
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Error from Bowie. This suit was brought by the appellant against Madden, the appellee’s intestate, in his lifetime, under Article 2380 of the Digest, for postdating certain articles charged in an account. The defendant died .after suit brought, and the suit was revived by scire facias against his administrator. The defendant answered first by a general denial, and afterwards by a general demurrer and special exceptions to the sufficiency of the petition, and the right of the plaintiff to maintain the action against the legal representative of the deceased. The Court sustained the exceptions,…
1Opinion of the CourtWheeleb, J.
It is objected on behalf of the plaintiff, that the Court erred in permitting the defendant to amend by filing a demurrer after he had answered by a general denial. This Court has often deprecated, as irregular, the practice of filing the demurrer or exceptions after the defendant has answered by a general denial or other matter presenting an issue of fact in bar of the action. But we have never decided that the having entertained a demurrer to a petition which disclosed no cause of action, under such circumstances, was error. In the due order of pleading, undoubtedly, the presentation of…
2Cited by13 opinions
- Hofer v. LavenderTexas Supreme Court · 1984
- Johnson v. RollsTexas Supreme Court · 1904
- Gibbs v. BelcherTexas Supreme Court · 1867
- Dowlin v. BoydCourt of Appeals of Texas · 1926
- Whorton v. NevittCourt of Appeals of Texas · 1931
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