Peek v. Equipment Service Co. of San Antonio

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that in the absence of special exceptions, “a plaintiff may proceed to trial, however defective its allegations”
• holding that absent special exceptions or other motion, a defendant waives the right to complain of pleading defects related to jurisdiction when the plaintiff establishes the court = s jurisdiction before resting its case
• explaining that plaintiff‘s failure to plead an element of his cause of action does not deprive the trial court of jurisdiction
• explaining that plaintiff’s failure to plead an element of his cause of action does not deprive the trial court of jurisdiction
• explaining that failure to state amount in controversy does not deprive trial court of jurisdiction but litigant must prove jurisdiction at trial
• explaining that in the absence of objections by the defendant to curable pleading defects, A the plaintiff may proceed to trial, however defective its allegations @

Source: CourtListener parenthetical corpus (CC0).