Public-domain · open source
OpenJurist

38 Tex. 604

Boynton v. Chamberlain

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Error from Bell. Tried below before the Hon. J. P. Osterhout. This is a.suit upon an account, brought by H. J. & D. T. Chamberlain against Henry Boynton and-Cushing. The petition contained no bill of items, but referred to “an account herewith filed as a part of this petition, marked ‘ Exhibit A,’ with leave to refer thereto whenever and as often as necessary.” The petition was filed thirteenth of January, 1870.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

How this case has been cited

Cited by 3 later decisions — most recently February 1925

1 federal appellate · 2 state decisions

10187318801890190019101920decided

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.

View the full empirical analysis of this case →

Walker, J.

¶1There are some eleven assignments for error in this case, some of which, we think, are well taken.

¶2The Christian name of the defendant Cushing is not set out in the pleadings or process. This is not in accordance with the statute. (Art. 1427, Pas. Dig.)

¶3There is no bill of particulars filed with the petition, nor does any bill appear with the pleadings until after the return day of process.

¶4The petition does refer to an account marked “Exhibit A.” This “Exhibit A” was not filed with the petition. In a word, it may be said, the petition does not set out the plaintiffs’ cause of action in a plain and intelligible manner.

¶5*606Certain depositions were taken ex parte. The record does not contain the certificate of the clerk — the proper certificate to the publication of the notice required by law.

¶6If these depositions had been correctly taken, they do not prove the plaintiffs’ cause of action; nor does it appear, from the statement of facts, that there was any other testimony offered.

¶7We will not follow the learned counsel in their brief to examine all the assignments of error, but, for the reasons assigned, reverse and remand the case.

¶8Reversed and remanded.

/38/tex/604 · .json · Public domain