Legal Opinion · Dissent

Pabst v. Roxana Petroleum Corp.

Court of Appeals of Texas

Decided March 8, 1932No. 9668Published

1DissentGraves, J.

The dissent rests, in the main, upon these conclusions:(1) “A general demurrer is a suggestion to the court that the facts stated in the pleading demurred to, if true, do not entitle the pleader to any relief from the court. This does not raise any question as to the manner and form of pleading, but only as to the substance, and if upon a fair, reasonable construction, giving to all ambiguities the reasonable interpretation most favorable to the pleading, there appear in it sufficient facts to show a legal right in the pleader, the general demurrer should be overruled.” Townes’ Texas Pleading…

2Cases cited22 opinions

  1. Waggoner Estate v. Sigler Oil Co.Texas Supreme Court · 1929
  2. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  3. Freeport Sulphur Co. v. American Sulphur Royalty Co.Texas Supreme Court · 1928
  4. Texas Pacific Coal & Oil Co. v. BarkerTexas Supreme Court · 1928
  5. Daughetee v. Ohio Oil Co.Illinois Supreme Court · 1914

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