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Lee v. McInnis

W. P. Lee v. W. B. McInnis Et Al.

Lee v. McInnis, 128 S.W. 160 (Tex. App. 1910)
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Court
Court of Appeals of Texas · State Appellate Courts
Decided
April 28, 1910
Judges
Reese
Citations
128 S.W. 16060 Tex. Civ. App. 5021910 Tex. App. LEXIS 567
Headnotes
Justice Court—Pleading—“Hog Law.” In a suit in a Justice Court for the value of hogs impounded by defendant, the defendant answered that the hogs had been taken up while running at large in territory where the “hog law” had been adopted. Held, the plea, being in the Justice .Court, was good as against an- objection that it did not allege that the several acts required to be done in order to put the hog law-in operation. had been done.
Summary
Appeal from the County Court of Anderson County. Tried below before Hon. O. C. Funderburk.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Reese

REESE, Associate Justice.

This is a suit instituted in a Justice’s Court by appellant against appellee to recover seven head of hogs or the value thereof—$25—and for $75 exemplary damages.

Appellees answered that the hogs had been taken up while running loose in territory where the hog law had been adopted, and . in reconvention set up claim for damages to their crops by the hogs, and pound fees, etc.

The result of the suit was a judgment for plaintiff for the hogs and for defendants on their plea in reconvention for $28. Plaintiff appeals.

There is no statement of facts in the record, and the only assignment which can be considered is one complaining of the insufficiency of the plea setting up that the hog law was in operation in the territory where the hogs were taken up. The objection is that such plea did not allege that the several acts required to be done in order to put the hog law in operation had been done. The action was in the Justice Court. The pleading was sufficient as a pleading in that, court. (Rector v. Orange Rice Mills, 100 Texas, 591 .) It was not necessary that the averments should be full and specific, as was held to be necessary in case of an indictment or information for violation of the criminal provisions of this law, as in King v. State ( 74 S. W., 773 ).

There is no error in the record and the judgment is affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1914: 11924: 11934: 11943: 11945: 11951: 11961: 11966: 11972: 12014: 12025: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Southern National Bank of Houston, Houston, Texas v. Crateo, Inc., Formerly Known as Tri Financial Corporation458 F.2d 688 (5th Cir. 1972)
  2. Robertson v. Southwestern Bell Telephone Co.403 S.W.2d 459 (Tex. App. 1966)
  3. Beaumont Iron Works Co. v. Martin190 S.W.2d 491 (Tex. App. 1945)
  4. West Texas Utilities Co. v. Dunlap175 S.W.2d 749 (Tex. App. 1943)
  5. Bruyere v. Liberty Nat. Bank of Waco262 S.W. 844 (Tex. App. 1924)
  6. Baughn v. Platt72 S.W.2d 580 (Tex. 1934)

Most recent

  1. Allen v. Navy Federal Credit UnionNo. 3:24-cv-00949 (N.D. Tex. Feb. 13, 2025)
  2. Casares v. Agri-Placements International, Inc.12 F. Supp. 3d 956 (S.D. Tex. 2014)
  3. Southern National Bank of Houston, Houston, Texas v. Crateo, Inc., Formerly Known as Tri Financial Corporation458 F.2d 688 (5th Cir. 1972)
  4. Robertson v. Southwestern Bell Telephone Co.403 S.W.2d 459 (Tex. App. 1966)
  5. Glass v. Missouri Pacific Railroad343 S.W.2d 288 (Tex. App. 1961)
  6. Bennevendo v. Houston Transit Co.238 S.W.2d 271 (Tex. App. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Rector v. Orange Rice Mill Co., 102 S.W. 402 (Tex. 1907) 22

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