TIREY, Justice.
This is an appeal from an order of the court sustaining certain special exceptions to the appellant's original petition and the appellant having failed and refused to amend his pleadings, the court dismissed the action and appellant gave notice of appeal to the Court of Civil Appeals at Galveston and seasonably perfected his appeal to that Honorable Court and the cause is here on transfer by order of our Supreme Court.
Appellant assails the...
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