Hutchinson v. Owen
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. * Suit by defendant in error against plaintiffs in error, on two promissory notes, expressed to be in consideration of negro hire “ for the farm.’’ Amendment alleging that the farm was the separate property of the wife, that the debt was incurred for its benefit, &c. The defendants had been served with citation and copy of the original petition; the amendment being filed after-wards.
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Error from Gonzales. Tried below before the Hon. Fielding Jones. * Suit by defendant in error against plaintiffs in error, on two promissory notes, expressed to be in consideration of negro hire “ for the farm.’’ Amendment alleging that the farm was the separate property of the wife, that the debt was incurred for its benefit, &c. The defendants had been served with citation and copy of the original petition; the amendment being filed after-wards. The entry of judgment commenced, “ This cause being called, the defendants made default,” &e., and concluded with the words, “ and it is agreed…
1Opinion of the CourtRoberts, J.
The motion cannot be granted. If the appellants had filed their assignments of error in due time, upon finding that the appellee had prematurely taken out the transcript, they might have obtained another transcript of the record with their assignments of error annexed thereto, and filed the same in this Court.
The motion being disposed of, we are asked to reverse the judgment without an assignment of errors, because there is no cause of action presented in the original petition, and there was no service of a copy of the amended petition which presents a new cause of action. It is very much…
2Cited by14 opinions
- Stewart v. AndersonTexas Supreme Court · 1888
- Boggess v. HowardTexas Supreme Court · 1874
- Rabb v. RogersTexas Supreme Court · 1887
- Sandoval v. RosserTexas Supreme Court · 1894
- Parks v. KnoxCourt of Appeals of Texas · 1910
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