Whitehead v. Herron
Texas Supreme Court
Appeal from Guadalupe. On the 25th of August, 1854, the appellant, as administrator of the estate of B. G. Whitehead, deceased, instituted a suit in the District Court of Guadalupe county, against the appellee, on a promissory note, payable to said Whitehead.
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Appeal from Guadalupe. On the 25th of August, 1854, the appellant, as administrator of the estate of B. G. Whitehead, deceased, instituted a suit in the District Court of Guadalupe county, against the appellee, on a promissory note, payable to said Whitehead. At the next Term of the Court, appellee plead ne. unques administrator, Ac., whereupon the appellant filed an amended petition, and alleged that he ivas the owner of the note sued on, Ac., in Ms own right; that it did not belong to the estate of B. G. Whitehead; that the original suit was brought by mistake in Ms character of…
1Opinion of the CourtWheeler, J.
We have heretofore decided that a plaintiff
may so amend his petition as to change the character or right in which he sues, upon payment of costs, where the change does not operate to deprive the defendant of any defence,' or prejudice any right which may have accrued to him at the time of the amendment. (Henderson v. Kissam, 8 Tex. R. 46.)
It is not pretended that any defence or right had accrued to the defendant in this case, after the filing of the petition, which would be prejudiced by the amendment. The Court, therefore, should not have dismissed the case, because of the amendment ; but…
2Cited by6 opinions
- Rabb v. RogersTexas Supreme Court · 1887
- Pryor v. KrauseCourt of Appeals of Texas · 1914
- Thompson v. SwearenginTexas Supreme Court · 1878
- McIlhenny v. M. C. Lee & Co.Texas Supreme Court · 1875
- Warnock v. MillsTexas Commission of Appeals · 1927
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