Sneed v. Moodie
Texas Supreme Court
Error from Travis. Tried below before the Hon. Alexander W. Terrell. This suit was brought by John Hoodie against Seborn G. Sneed, on a promissory note. The petition alleged, “ that the defendant is indebted to the plaintiff, as is evidenced by a certain instrument of writing, (which is prayed to be taken as part of this petition,) a copy of which is as follows: “ ‘Due John Hoodie $190,875, f°r value received, to bear ten per cent, interest per annum, until paid.
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Error from Travis. Tried below before the Hon. Alexander W. Terrell. This suit was brought by John Hoodie against Seborn G. Sneed, on a promissory note. The petition alleged, “ that the defendant is indebted to the plaintiff, as is evidenced by a certain instrument of writing, (which is prayed to be taken as part of this petition,) a copy of which is as follows: “ ‘Due John Hoodie $190,875, f°r value received, to bear ten per cent, interest per annum, until paid. Austin, Harch 9th, 1859. “ ‘ S. G. Sneed.’ “Yet, nevertheless, although the said Sneed is thus indebted to your petitioner, he has,…
1Opinion of the CourtWheeler, C. J.
On the authority of Jennings v. Moss, 4 Texas Rep. 452, it must be held that the petition is insufficient, and that the court, therefore, erred in overruling the demurrer. It is an elementary principle in pleading, that the facts constituting the right or liability of a party, must be averred. But there is no averment that the defendant made or signed the note, or of any fact from which the legal inference of a liability on his part can be drawn.
It is to be observed, that the ruling of the court upon the demurrer, is not assigned as error. But the error is one which goes to the foundation of…
2Cases cited1 opinion
- Salinas v. WrightTexas Supreme Court · 1854
3Cited by17 opinions
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- Wall v. Royal Indemnity Co.Court of Appeals of Texas · 1927
- Buttrill v. Occidental Life Ins. Co.Court of Appeals of Texas · 1931
- Davis v. WhiteCourt of Appeals of Texas · 1918
- Baker v. HahnCourt of Appeals of Texas · 1913
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