Ewing v. Miles
Court of Appeals of Texas
Plaintiffs in tlieir supplemental petition excepted generally to defendant’s plea in reconvention and cross bill and also specially as follows: 2d. * * * “because it (said cross bill) does not allege with sufficient certainty the facts upon which defendant claims that the lease-therein mentioned was continued in force and has not been determined.’’ 3d. * * * “because so much of said cross bill as seeks 10 recover damages against plaintiffs for unlawfully ejecting defendant…
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Plaintiffs in tlieir supplemental petition excepted generally to defendant’s plea in reconvention and cross bill and also specially as follows: 2d. * * * “because it (said cross bill) does not allege with sufficient certainty the facts upon which defendant claims that the lease-therein mentioned was continued in force and has not been determined.’’ 3d. * * * “because so much of said cross bill as seeks 10 recover damages against plaintiffs for unlawfully ejecting defendant is insufficient because it does not allege with certainty what kind of damages are claimed, and if exemplary damages are…
1Opinion of the Court
FISHER, Chief Justice.
Statement of Case. — F. B. Ewing and Robert Lowe sued the appellee, Miles, in trespass to try title seeking to recover certain lands and buildings in the possession of Miles and used by him as a livery stable, and also for rents. At time of suit, September 2, 1893, a writ of sequestration was sued out and upon .the same day levied upon the premises in controversy. The property remained in the hands of the sheriff executing the writ until the 15th September, 1893, when it was replevied by the appellants, and it has remained in their possession since then. The appellee in…
2Cases cited1 opinion
- Brown's v. BraggIndiana Supreme Court · 1864
3Cited by14 opinions
- Grubb v. McAfeeTexas Supreme Court · 1919
- United States v. 70.39 Acres of LandDistrict Court, S.D. California · 1958
- Buffalo Pipeline Co. v. Bell, Texas Court of Appeals, 13th District1985
- Bagby v. HodgeCourt of Appeals of Texas · 1927
- Dillingham v. WilliamsCourt of Appeals of Texas · 1942
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