Texas & St. Louis R'y Co. v. J. O. Ross & Co.
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Jno. C. Robertson. J. O. Ross & Co., composed of J. O. Ross and J. H. Burnett, were railroad builders and contractors, and during the fall of 1879 and until about July, 1880, were engaged as such, upon the road of the Texas & St. Louis Railway Company, doing certain work, consisting of clearing, grubbing, grading, bridging, pile-driving and furnishing cross-ties, pile and bridge timbers, and they also did some extra work.
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Appeal from Smith. Tried below before the Hon. Jno. C. Robertson. J. O. Ross & Co., composed of J. O. Ross and J. H. Burnett, were railroad builders and contractors, and during the fall of 1879 and until about July, 1880, were engaged as such, upon the road of the Texas & St. Louis Railway Company, doing certain work, consisting of clearing, grubbing, grading, bridging, pile-driving and furnishing cross-ties, pile and bridge timbers, and they also did some extra work. On February 19, 1881, they filed this suit to recover from the company the sum of $23,865.09, consisting of $12,235.99, a…
1Opinion of the Court
Willie, Chief Justice.
The special exceptions to the petition, made the subject of the first assignment of error, are not well taken. The vagueness in the petition, to which the fourth special exception is taken, consists in a failure to state the time and place of the performance of the work and the person by whose direction it was performed. Any defects as to the time and place of doing the work are supplied by the bill of particulars made part of the petition. Such exhibits are, by the rules prescribed for the district courts, attached and referred to in aid and explanation of the…
2Cases cited1 opinion
- Burks v. WatsonTexas Supreme Court · 1877
3Cited by6 opinions
- Port Huron Engine & Thrasher Co. v. McGregorTexas Supreme Court · 1910
- Wineinger v. Farmers' & Stockmen's Loan & Investment Ass'nCourt of Appeals of Texas · 1925
- Brooks v. American Nat. Bank of BeaumontCourt of Appeals of Texas · 1937
- Beaumont Cotton Oil Mill Co. v. HesterCourt of Appeals of Texas · 1918
- Muse v. BurnsCourt of Appeals of Texas · 1886
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