H., E. & W. Tex. R'y Co. v. Erving
H., E. & W. Tex. R'y Co. v. Erving
Opinion of the Court
Opinion by
§ 122. Citation; requisites of; insufficient, when. A citation must state the date of the filing of the plaintiff’s petition, the file number of the suit, the names of all the parties, and the nature of the plaintiff’s demand; and shall be dated and tested by the clerk, with the seal of the court impressed, and the date of its issuance shall be noted on the same. [R. S. arts. 1215, 1443.] In this case the date of the filing of the petition did not appear
■ § 123. Same; statement of nature of demand. The suit was upon a draft. The citation termed it a bill of exchange. Its date, amount, and to whom payable, are all stated in the citation. Held, that this was a sufficient statement of the “nature of the plaintiff’s demand. ”
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.