Draper v. Presley

On Motion for Rehearing.

Appellees insist that our decision of the case is incorrect, because appellant’s petition, upon which the trial was had, was fatally defective (presenting fundamental error), in that it contained no allegation as to, the place where the alleged conversion of the automobile took place.

It is doubtless true that appellant’s petition (although of undue length, taking up nine pages of the transcript) does not specifically allege that the conversion of the car took place in the city of Dallas, yet we think that fact may be implied from the allegations made. Appellant alleged…