Wood v. Evans

Citations

• 43 Tex. 175

Syllabus

<p>1. Pleading certainty.—A petition by the holder of a promissory note alleging the failure to pay the note, except the amount credited thereon, which amount is not stated, is insufficient.</p> <p>2. Same.—The cause of action and the breach should be distinctly averred; the facts sufficient to warrant a judgment should be directly and distinctly set forth.</p> <p>3. Surviving administrator.-—A surviving administrator can maintain suit upon a promissory note executed to him and another administrator jointly, and who has died, upon alleging the execution of the note to them jointly as administrators and the decease of the administrator not joined as plaintiff.</p>