Wood v. Evans
Texas Supreme Court
Error from Washington. Tried below before the Hon. I. B. McFarland. J. 0. Evans sued F. P. Wood and others, alleging “ that plaintiff and O. V. Evans were duly appointed and qualified as administrators of the estate of J. F. Evans, deceased, by virtue of an order of the probate court of Washington county, and that letters of administration issued from said court to plaintiff and the said 0. Y. Evans, bearing date the-day of-, A. D. 1869; that since said appointment and…
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Error from Washington. Tried below before the Hon. I. B. McFarland. J. 0. Evans sued F. P. Wood and others, alleging “ that plaintiff and O. V. Evans were duly appointed and qualified as administrators of the estate of J. F. Evans, deceased, by virtue of an order of the probate court of Washington county, and that letters of administration issued from said court to plaintiff and the said 0. Y. Evans, bearing date the-day of-, A. D. 1869; that since said appointment and issuance of letters of administration the said 0. Y. Evans departed this life, leaving plaintiff the sole administrator of…
1Opinion of the Court
Moore, Associate Justice.
The demurrer to the petition should have been sustained. It is alleged in the petition that the defendants had failed to pay the note described therein, except the amount credited on the note, and that *182there was still a large amount due thereon. But neither the amount of credits on the note nor the balance claimed to be due and unpaid is averred. The mere statement of some indefinite and uncertain amount being due the plaintiff, for which he asks judgment, is not such a full and clear statement of his cause of action and prayer for relief which the facts authorize him…
2Cited by6 opinions
- Sisler v. MistrotCourt of Appeals of Texas · 1917
- Johnson v. WiseCourt of Appeals of Texas · 1925
- McWhorter v. EstesCourt of Appeals of Texas · 1915
- Larue v. Southwestern Fire & Casualty Co.Court of Appeals of Texas · 1962
- Dibrell v. Ireland & BurgesCourt of Appeals of Texas · 1882
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