Pettus v. Perry
Texas Supreme Court
Appeal from Austin. This suit was brought by Perry, executor of Stephen F. Austin, deceased, against Elizabeth Pettus, administratrix of William F. Pcttus, deceased. The" petition charged that Pettus, deceased, in his lifetime, made and delivered tlie following instrument in writing, to wit: “$1,753.90. On settlement this day I owe James P. Perry, executor of Stephen. P. Austin, deceased, seventeen hundred and fifty-three dollars and ninety cents for value received.
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Appeal from Austin. This suit was brought by Perry, executor of Stephen F. Austin, deceased, against Elizabeth Pettus, administratrix of William F. Pcttus, deceased. The" petition charged that Pettus, deceased, in his lifetime, made and delivered tlie following instrument in writing, to wit: “$1,753.90. On settlement this day I owe James P. Perry, executor of Stephen. P. Austin, deceased, seventeen hundred and fifty-three dollars and ninety cents for value received. December 2Sth, 1838.” Tt also alleged the deatli of William Pettus, and that Elizabeth Pett.us, the appellant, became tlie…
1Opinion of the Court
Cravens, S. J.
The third and last error assigned is the only one which is deemed necessary to discuss. It is as follows: “The petition shows no cause of action.”
Before proceeding to the examination of this question it is necessary to see whether the nature of .tlie objection here raised can be inquired into by this court under the state of the ease as presented by the pleadings.
The answer, filed on (he 8th of October, subsequent to the appearance of the defendant, null not be further noticed than to remark that it comes within the rule previously laid down by this court in like cases: “ The…
2Cited by5 opinions
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- Thomas Goggan & Bros. v. MorrisonCourt of Appeals of Texas · 1913
- Stewart v. PoinboeufTexas Supreme Court · 1921
- Wootters v. WynneCourt of Appeals of Texas · 1928
- Bull v. BeardenCourt of Appeals of Texas · 1913