The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 52
The following text was automatically extracted from the image on this page using optical character recognition software:
52 Texas Historical Association Quarterly.
In the case of Fowler vs. Poor, decided by the Supreme Court of
the Republic, January term, 1841, Daallam, 403,. this language oc-
"Our system ,of proceedings in civil suits differs from that known
in England, and adopted in most ,of the, States of the United States.
* * * The mode of conducting proceedings in civil suits by
petition and answer, is so highly appreciated by the legislative
power of this Republic, that at the last session of Congress, it was
expressly enacted, that "the adoption of the Common law shall not
be construed to adopt the Common law system of pleading, but
the proceedings in 'all civil suits shall, as heretofore, be conducted
by petition and answer." Here is strong legislative declaration
that the proceedings in civil suits had been heretofore commenced
by petition, and that they shall be conducted in the same manner
for the future."
In Hamilton vs. Blank, Dallam, 587, decided at the June term,
1844, the Supreme Court says: "The object of our statutes on
the subject of pleading, is to simplify as much as possible that
branch of the proceedings in courts which, by the ingenuity and
learning of both Common and Civil law lawyers and judges, has
,become so refined in its subtleties as to substitute in many instances
the shadow for the substance. Our statute requires at the hands
of the petitioner to a court of justice only a statement of the names
of the parties plaintiff and defendant, a full and fair exposition of
his cause of action, and finally the relief which he asks."
Many other interesting cases could be given from the decision's
of the 'Supreme Court of the Republic to show that the practical
interpretation of the statutes under consideration was that the
Common law system of pleading was never in force in Texas, and
that the purpose of the lawmakers was to eliminate as far as possi-
ble all technicalities and useless forms, and require only a full and
fair statement of the facts upon which the party relied, and the
relief sought from the court, supplemented by a few indispensable
matters, such as names and residences of parties, etc., t-o enable
the court to act intelligently. This is substantially the Texas sys-
tem of pleading to-day.
There were no material changes made during the Republic in
the judicial system thus established. In dealing with this period
of our history, we must not lose sight of the important fact that at
Here’s what’s next.
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/56/: accessed March 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.