Forrest v. Rawlings

Citations

• 35 Tex. 626

Syllabus

<p>1. Defendant appealed from a judgment rendered against him on a draft, but the statement of facts neither sets out the draft nor contains any evidence of any liability of the defendant to the plaintiff. This court would reverse the judgment, and also dismiss the cause, but for the strong probability that the defects in the statement of facts are results of a mistake either of the attorneys or of the district clerk; in view of which probability the cause will be remanded instead of dismissed.</p> <p>S. The payee of a sight draft brought suit against the drawer to the third term of the court after the dale of the draft, but the petition did not allege that any notice of the non-payment of the draft had been given to the defendant. Exceptions for insufficiency were talien to the petition in the district court. Held, that for want of such averments of notice the petition states no cause of action, and the exceptions should have been sustained,</p>