Beal v. Batte
Texas Supreme Court
Error from Falls. The case was tried before Hon. R. S, Gould, one of the district judges. The petition merely described the plaintiff as “ executor of John E. Edwards, deceased;” set out the note; and concluded with a general averment of non-payment. The demurrer objected, that the petition did not show the representative character of the defendant. The demurrer was overruled, and there were a verdict and judgment for the plaintiff, from which the defendant prosecuted error.
1Opinion of the CourtMorrill, C. J.
—Batte, executor of the last will and testament of John E. Edwards, deceased, instituted suit against Beal, based upon a note executed by the latter in favor of John E. Edwards.
Beal excepted to the sufficiency of the petition, because it did not disclose the right of plaintiff to bring suit, inasmuch as it is not alleged that Edwards ever indorsed or assigned the note, or that he was dead, and that Batte was the administrator or executor of his estate, appointed by the authorities of this state. The court overruled the exceptions, and this is the only error assigned.
The second thing requisite…
2Cited by4 opinions
- In Re Dudley's EstateCourt of Appeals of Texas · 1935
- Wilson v. HallCourt of Appeals of Texas · 1896
- In Re Dudley's EstateCourt of Appeals of Texas · 1935
- State ex rel. Northwestern Mutual Life Insurance v. Circuit Court for Waushara CountyWisconsin Supreme Court · 1917