Armstrong v. Bean
Texas Supreme Court
Error from Bosque. Tried below before the Hon. Jo Abbott. The original petition in trespass to try title was filed April 10, 1882, by A. H. Bean.
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Error from Bosque. Tried below before the Hon. Jo Abbott. The original petition in trespass to try title was filed April 10, 1882, by A. H. Bean. On the 29th of January, 1883, the real owner of the land, Cora L. Bean, who claimed under conveyance from A. H. Bean, made in 1865, appeared and filed what she termed a “ first amended original petition in lieu of the original petition herein filed April 10, 1882.” This petition, except the substitution of the name of Cora L. Bean, contained the same averments found in the original petition. On the 2d of February, 1883, the defendant excepted to the…
1Opinion of the Court
Stayton, Associate Justice.—
The filing of what was called an amended petition by Cora L. Bean, in a suit filed by A. H. Bean, was an irregularity, and could have no other effect than an original petition; and had the defendant not answered to her petition, which was filed with leave of the court, it is true that no judgment could have been rendered against him in the cause, without service upon him.
The plaintiff in error excepted to the petition of Cora L. Bean for the reason that there was no service upon him; but at the same time he answered in full, and not in limine.
*494That he had not been…
2Cited by8 opinions
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- Fentzka's Administrator v. Warwick Construction Co.Court of Appeals of Kentucky · 1915
- Hines v. SparksCourt of Appeals of Texas · 1912
- Rogers v. BlackshearCourt of Appeals of Texas · 1910
- Cheney v. CheneyCourt of Appeals of Texas · 1934
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