H. Seligson & Co. v. Hobby & Post

Citations

• 51 Tex. 147

Syllabus

<p>1. Pleading—Petition.—The petition should state the cause oí action by distinct averments, and not leave the existence of material facts to be deduced from other facts alleged.</p> <p>2. Attachment suit.-—Suit was brought upon a note not due, but in the ordinary form of petition upon an overdue note ; the note, however, being set out in the petition, attachment proceedings were taken at the institution of the suit. The demurrer to the petition was sustained and the attachment quashed, it not being alleged in the petition that the note was due at the commencement of the suit: Held, On appeal by plaintiff: (1) That there was no error. (2) The plaintiff having declined to amend after exceptions sustained, the rights of the parties depended on the pleadings as then presented and adjudicated, and this opinion is thus limited.</p> <p>3. Approved.—Cox v. Reinhardt, 41 Tex., 591, approved.</p>