Andrus v. Pettus
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. Livingston Lindsay. This suit was originally instituted in the District Court of Fort Bend county, by J. B. & W. G-. Pettus, against Walter Andrus, on two notes given for medical services. One of the notes was for one hundred and twenty-eight dollars, executed by Walter Andrus to J. B. Pettus individually; the other was for thirty-eight dollars and twenty-five cents, and executed by the same party to J. B. & W. Gr.
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Appeal from Fort Bend. Tried below before the Hon. Livingston Lindsay. This suit was originally instituted in the District Court of Fort Bend county, by J. B. & W. G-. Pettus, against Walter Andrus, on two notes given for medical services. One of the notes was for one hundred and twenty-eight dollars, executed by Walter Andrus to J. B. Pettus individually; the other was for thirty-eight dollars and twenty-five cents, and executed by the same party to J. B. & W. Gr. Pettus as a firm. Defendant answered by plea in abatement or exception to the joinder of parties plaintiff and causes of action,…
1Opinion of the CourtOgden, J.
There was no error in the rulings of the court in this cause, in permitting the plaintiff to amend his petition by dismissing the suit as to one of the plaintiffs, and by withdrawing one of the notes originally sued on, and then prosecuting his suit in his own name .upon the note payable to him alone. This practice is in entire harmony with our blended system of practice, where the chief object is the attainment of justice to all, with the least possible delay, and unincumbered with unnecessary technicalities and forms.
In the case of Johnson v. Davis, 7 Texas, 114, and in Emmons v. Oldham, 12…
2Cases cited1 opinion
- Caldwell v. Young & MorganTexas Supreme Court · 1858
3Cited by1 opinion
- Longhart Supply Co. v. ZweifelCourt of Appeals of Texas · 1931