Parr v. Nolen
Texas Supreme Court
Appeal from Lavaca. [The Reporter has not received the record of this case, hut the facts are clearly indicated in the opinion.]
1Opinion of the CourtMoore, C. J.
—The material averment in the petition in this case is, that the apjoellants were indebted to the petitioner, the appellee, “in the sum of $100, by promissory note, made, executed, signed, and delivered to petitioner for a valuable consideration.” Although it may seem somewhat technical, under our liberal system of pleading, we are constrained by a number of decisions of this court to hold the petition insufficient to sustain the judgment by default. It will be observed that it is not alleged that the note was executed or delivered by the appellants. This omission has been expressly held not…
2Cited by9 opinions
- Western Union Telegraph Co. v. HenryTexas Supreme Court · 1894
- Davis v. WhiteCourt of Appeals of Texas · 1918
- Johnson v. WiseCourt of Appeals of Texas · 1925
- International Order of Twelve Knights & Daughters of Tabor v. DenmanCourt of Appeals of Texas · 1913
- Barton v. PochylaCourt of Appeals of Texas · 1922
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