Black v. Drury
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. John Gregg. B. C. Drury, the appellee, commenced this suit for the recovery of $4170, alleged to be due him by Henry M. Black, the appellant. At the time of filing the petition, he made oath to the truth of the facts stated in it; that the defendant was about to transfer his property, for the purpose of defrauding his creditors, and that an attachment was not sued out for the purpose of injuring the defendant.
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Appeal from McLennan. Tried below before the Hon. John Gregg. B. C. Drury, the appellee, commenced this suit for the recovery of $4170, alleged to be due him by Henry M. Black, the appellant. At the time of filing the petition, he made oath to the truth of the facts stated in it; that the defendant was about to transfer his property, for the purpose of defrauding his creditors, and that an attachment was not sued out for the purpose of injuring the defendant. Writs of attachment were issued to several different counties, and levied upon a considerable amount of property. The defendant…
1Opinion of the CourtRoberts, J.
The question in this ease, is, whether or not, the plea of reconvention was sufficient to authorize the admission of any evidence offered in support of it. This is a mode of testing the sufficiency of pleading, which must be entertained with great caution; for it is adopted at a stage of the trial, when all opportunity of amending the pleading, if defective, is lost. The substantial rights of a party may thereby be lost forever, by the unskilfulness, or even inadvertence of the pleader. A party announces himself ready for trial, upon a plea which seeks to present a meritorious defence. No…
2Cases cited1 opinion
- Caton v. JonesTexas Supreme Court · 1858
3Cited by9 opinions
- Holstein v. AdamsTexas Supreme Court · 1889
- Sigel v. Buccaneer Hotel Co.Court of Appeals of Texas · 1931
- Odom v. PinkstonCourt of Appeals of Texas · 1946
- Burton-Lingo Co. v. MortonCourt of Appeals of Texas · 1939
- Blum v. WettermarkTexas Supreme Court · 1881
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