City Water Works v. White

Citations

• 61 Tex. 536
• 1884 Tex. LEXIS 140

Syllabus

<p>1. Pleading — Non est factual — The denial of the execution of an instrument in writing on which a pleading is founded in whole or in part, and which is charged to have been executed by defendant, an incorporated company, through its president and secretary, must, under art. 1265, R. S., be verified by affidavit. The fact that the instrument set forth in the pleading is ambiguous on its face, and does not clearly by its terms purport to be the act of the company, does not vary the rule. If the statute referred only to such instruments as on their face purport to be the act of the person by whom or by whose authority they are alleged to have been executed, a different rule might apply.</p>