Withers v. Crenshaw

1 Citing case

  1. Cohen v. Hill

    286 S.W. 661 (Tex. Civ. App. 1926)   Cited 13 times
    In Cohen v. Hill (Tex.Civ.App.) 286 S.W. 661, 665, where the sufficiency of the pleadings to permit the introduction of testimony of a particular injury was under consideration, the court stated the rule to be that whether specifically alleged injuries in a petition require the exclusion of evidence relating to other injuries depended upon the construction of the pleader's language rather than on the rule that the inclusion of certain injuries excluded all others.

    Ilseng v. Carter (Tex.Civ.App.) 158 S.W. 1163; Withers v. Crenshaw (Tex.Civ.App.) 155 S.W. 1189 (writ of error dismissed for want of jurisdiction); Daniel v. Daniel (Tex.Civ.App.) 128 S.W. 471 (writ of error denied); Alvord National Bank v. Waples-Platter Gro. Co., 54 Tex. Civ. App. 225, 118 S.W. 232; Dobson v. Zimmerman, 55 Tex. Civ. App. 394, 118 S.W. 236; Bishop v. Mount (Tex.Civ.App.) 152 S.W. 442. It follows, therefore, that the special exceptions to plaintiff's petition must be considered as having been waived by the defendants, and the assignments of error based thereon are accordingly overruled.