Randals v. Pecos Valley State Bank

HIGGINS, J.

The Pecos Valley State Bank brought this suit, seeking recovery upon a certain promissory note executed by Melville A. Davis and R. T. Davis in the sum of $582.25, together with foreclosure of chattel mortgage liens upon certain personal property, the value of which was not stated in the petition.

Error is assigned to the failure of the court to sustain a general demurrer to the petition upon the ground that it was insufficient in failing to allege the. value of the property upon which foreclosure was sought, showing such value to be of an amount within the jurisdiction of the county court. It is the better practice to allege such value, but failure to do so does not subject the petition to general demurrer. Mangum v. Buffalo-Pitts Co., 131 S. W. 1196.

The remaining assignments of error are not entitled to consideration, because unsupported by propositions, as required by rule 30 (142 S. W. xiii), governing the briefing of cases. However, the record contains no statement of facts, and, in the absence of same, all possible questions which might be presented by the assignments would of necessity be overruled.

Affirmed.