33 Tex. 428
Decided July 1, 1870
Texas Supreme Court · decided 1870-07-01
Error from Wood. Tried below before the Hon. M. D. Ector. The petition alleged a hiring of slaves by the appellant from the appellee, and an indebtedness of two hundred dollars resulting therefrom; but nowhere averred or implied that any written evidence of the indebtedness had ever existed.
Cited by 1 later decisions — most recently November 1970
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1870-07-01
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¶1This was a suit to recover two hundred dollars. The cause of action was not alleged to be liquidated and proved by any instrument in writing. Judgment was rendered by default without a jury.
¶2This proceeding is erroneous, as appears by Article 496, Old-ham & White’s Digest. Wherefore the judgment is reversed.
¶3Reversed and remanded.