County of Caldwell v. Harbert
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. L. W. Moore. Suit oy appellees against appellant on a number of school claims against school districts of Caldwell county, Texas, the object being to obtain a j'udgment against Caldwell county for the principal and interest due on the claims, and also a peremptory mandamus against the county judge and county commissioners court, requiring them to proceed under the provisions of an act of the Legislature, approved April 2,…
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Appeal from Caldwell. Tried below before the Hon. L. W. Moore. Suit oy appellees against appellant on a number of school claims against school districts of Caldwell county, Texas, the object being to obtain a j'udgment against Caldwell county for the principal and interest due on the claims, and also a peremptory mandamus against the county judge and county commissioners court, requiring them to proceed under the provisions of an act of the Legislature, approved April 2, 1883, to provide for and secure the payment of the judgment. The original petition was filed March 14, 1884, and the action…
1Opinion of the Court
Stayton, Associate Justice.
There is no express averment in the petition that the claims sued on were for the services of teachers between September 1, 1873,-and January 1, 1876, but the reasonable intendments, from the facts alleged, are that such was the character of the claims, made the basis of the action. There was no special demurrer reaching this question, and in its absence, upon general demurrer, “every reasonable intendments arising upon the pleading excepted to must be indulged in favor of its sufficiency.” (Rule 17.)
The petition alleges that the claims sued on were approved by the…
2Cited by36 opinions
- Slay v. Burnett TrustTexas Supreme Court · 1945
- Hatcher v. State of TexasTexas Supreme Court · 1935
- American Surety Co. v. Hill CountyTexas Commission of Appeals · 1924
- Bailey v. Texas Indemnity Ins. Co.Texas Commission of Appeals · 1929
- Limestone County v. RobbinsTexas Commission of Appeals · 1931
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