Handel v. Elliott
Texas Supreme Court
Error from Dallas. Tried below before the Hon. Z. Hunt. Elliott brought this suit against Handel January 21, 1875, to recover on an account for $217.92 and interest, and to foreclose a material man’s lien on a house and lot in the city of Dallas. Handel answered by general demurrer and general denial, and other pleas not necessary to notice.
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Error from Dallas. Tried below before the Hon. Z. Hunt. Elliott brought this suit against Handel January 21, 1875, to recover on an account for $217.92 and interest, and to foreclose a material man’s lien on a house and lot in the city of Dallas. Handel answered by general demurrer and general denial, and other pleas not necessary to notice. April 10, 1878, the case was tried, and a verdict returned for Elliott for $275.04, for which judgment was rendered, and also the lien foreclosed. There was no statement of facts or bills of exception in the. record. The material errors assigned were as…
1Opinion of the Court
Watts, J. Com. App.
In the disposition of this case it is not necessary to consider the various errors assigned. The main proposition is that the judgment does not conform to nor is it sustained by the verdict.
The rule seems to be well settled that the judgment must be supported by the verdict and the admissions contained in the pleading *147of the parties. That is, in the investigation of the question resort can only be had to the verdict and admissions directly or indirectly made in the pleadings, and if not sustained by these, the judgment would have no legal basis for support. Smith et al. v.…
2Cases cited10 opinions
- Bennett v. ButterworthSupreme Court of the United States · 1851
- Weaver v. SellsSupreme Court of Kansas · 1873
- Templeton v. HorneIllinois Supreme Court · 1876
- Trustees of the Wabash & Erie Canal Co. v. BeersSupreme Court of the United States · 1863
- National Bank of Salem v. . ThomasNew York Court of Appeals · 1871
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3Cited by20 opinions
- Weaver v. VandervanterTexas Supreme Court · 1892
- Craig v. HerzmanNorth Dakota Supreme Court · 1899
- Manchester v. PopkinMassachusetts Supreme Judicial Court · 1921
- Garneau v. Port Blakely Mill Co.Washington Supreme Court · 1894
- Waco Cement Stone Works v. SmithCourt of Appeals of Texas · 1913
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