Chapman v. Sneed
Texas Supreme Court
■ Error from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error against plaintiff in error on a promise in writing as follows : Due S. Gr. Sneed five hundred dollars for his fee in the case of Thomas F. Chapman against Edward P. Oliver; and this is to operate asa lien on said judgment, this 30th day of March, 1856. T. F. Chapman.
Read the full summary
■ Error from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error against plaintiff in error on a promise in writing as follows : Due S. Gr. Sneed five hundred dollars for his fee in the case of Thomas F. Chapman against Edward P. Oliver; and this is to operate asa lien on said judgment, this 30th day of March, 1856. T. F. Chapman. The original petition was the ordinary petition in debt on note, but an amended petition filed on the day of trial, prayed for the enforcement of plaintiff’s lien on the judgment of Chapman against Oliver, as specified in the note, and…
1Opinion of the CourtWheeler, J.
The objection that the amendment of the petition introduces a new cause of action, we do not think well taken. The cause of action was fully set out in the original petition. The amendment had reference only to the relief; enlarging the prayer -of the petition, to enable the Court to decree the relief to which the plaintiff was entitled upon his cause of action.
Nor is the objection tenable, that the decree was not conformable to the case stated, and the relief sought. The petition might have been more certain in stating the facts of the case, on which the plaintiff based his right' to that…
2Cited by23 opinions
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- City of Houston v. Houston Chronicle Publishing Co., Texas Court of Appeals, 1st District (Houston)1984
- Roberson Farm Equipment Company v. HillCourt of Appeals of Texas · 1973
- Williams v. TookeCourt of Appeals of Texas · 1938
- State Ex Rel. Burkett v. Town of ClydeCourt of Appeals of Texas · 1929
18 more not listed; retrieve them via the Exa API.