Hemming v. McRea

Court of Appeals of Texas

Hemming v. McRea

1 White & W. 413

CourtCourt of Appeals of Texas

DecidedMarch 20, 1880

DocketNo. 764, Op. Book No. 2, p. 262

StatusPublished

This text of 1 White & W. 413 (Hemming v. McRea) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hemming v. McRea, 1 White & W. 413 (Tex. Ct. App. 1880).

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Opinion

Opinion by

Clark, J.

§ 752. Petition on sworn account; necessary allegations in. A sworn account attached as an exhibit to a petition does not relieve the pleader from making all the necessary allegations of delivery and price under the contract of which the exhibit might be the evidence, and the petition in itself should contain these averments, stated in such direct and explicit manner as to show a.clear cause of action, without reference to the account. [Rule 19, 47 Tex. 620.

Eeversed and remanded.

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Opinion by

Clark, J.

§ 752. Petition on sworn account; necessary allegations in. A sworn account attached as an exhibit to a petition does not relieve the pleader from making all the necessary allegations of delivery and price under the contract of which the exhibit might be the evidence, and the petition in itself should contain these averments, stated in such direct and explicit manner as to show a.clear cause of action, without reference to the account. [Rule 19, 47 Tex. 620.

Eeversed and remanded.

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Bluebook (online)

1 White & W. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemming-v-mcrea-texapp-1880.