Ross v. Breeding

Texas Supreme Court

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

Action on a pomissory note by the appellee against the appellant.

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-01

How this case has been cited

Cited by 3 later decisions — most recently February 1941

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lipscomb, J.

¶1The petition in this case contains no averment that the note sued on was the note of the defendant, nor, ¿bat he had made the same. There was a demurrer to the petition, which was overruled, and defendant appealed. That the petition is fatally defective, has been settled by the decisions of this Court, in Frazier v. Todd (4 Tex. R. 461) and in Jennings v. Moss, (Id. 452,) and acknowledged by the Court, in Jackson v. Marshall and another (6 Tex. R. 324.)

¶2The judgment is reversed and cause remanded.

¶3Be versed and remanded.