DeWalt v. Snow
Texas Supreme Court
Error from Polk. Tried below before the Hon. James M. Maxcy. Suit by Elvira Snow against K. B. DeWalt on two promissory notes amounting to $1913 50; petition filed September 15, 1858; process served on the 20th of the same month. Amended petition filed on the 8th of October, 1858, setting up a mortgage upon certain negroes, executed by the defendant to secure the payment of the notes, and praying for a decree to sell the property.
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Error from Polk. Tried below before the Hon. James M. Maxcy. Suit by Elvira Snow against K. B. DeWalt on two promissory notes amounting to $1913 50; petition filed September 15, 1858; process served on the 20th of the same month. Amended petition filed on the 8th of October, 1858, setting up a mortgage upon certain negroes, executed by the defendant to secure the payment of the notes, and praying for a decree to sell the property. The defendant filed no answer, and on the 9th of October, 1858, a judgment by default was rendered against him for the amount of the notes, and a decree rendered…
1Opinion of the CourtBell, J.
In this case the .original petition made no mention of the mortgage executed to secure the payment of the promissory notes sued on. The mortgage was declared .upon in the amended petition .only. There was proper service of the original petition, but no service of the amended petition setting up the mortgage. In the case of Morrison v. Walker, 22 Tex., 18, it was held that “ in all cases where a demand for money upon a cause of action other than that set forth in the original petition, is made by an amendment, there must be service of the amendment, or the record must disclose the fact that…
2Cases cited2 opinions
- Morrison v. WalkerTexas Supreme Court · 1858
- De Witt v. Monroe & BrotherTexas Supreme Court · 1857
3Cited by11 opinions
- Roller v. RiedTexas Supreme Court · 1894
- Rabb v. RogersTexas Supreme Court · 1887
- Sandoval v. RosserTexas Supreme Court · 1894
- Duke v. GilbreathCourt of Appeals of Texas · 1928
- Water & Light Co. of El Campo v. El Campo Light, Ice & Water Co.Court of Appeals of Texas · 1912
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