Irvine v. Corporation of Bastrop
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. George W. Smith. This record presents a very voluminous history of a w'ell-contested controversy between the parties litigant, over the right to establish and maintain ferries across the Colorado river, within the limits of the town of Bastrop.
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Appeal from Fayette. Tried below before the Hon. George W. Smith. This record presents a very voluminous history of a w'ell-contested controversy between the parties litigant, over the right to establish and maintain ferries across the Colorado river, within the limits of the town of Bastrop. The corporation of Bastrop, together with one McDonald, instituted the suit to the Fall term (1858) of the District Court of Bastrop county, from which it was subsequently removed, by change of venue, and on motion of the defendants, to the county of Fayette. The pleadings on both sides became very…
1Opinion of the CourtWalker, J.
The plaintiffs in error insist upon two grounds for reversal:
1. The court overruled the demurrer to the amended petition, setting up a new cause of action.
2. Overruling the motion to dissolve the injunction.
In Williams v. Randon, 10 Tex., 74, the court say: “ An amendment may set up a new cause of action, provided that it does not prejudice the other party; but that all the costs be paid up to the time of making such amendment, and that the amendment shall not relate back to the time of the commencement of the suit. It seems that title acquired after suit brought, may be relied on, subject to…
2Cases cited2 opinions
- Williams v. RandonTexas Supreme Court · 1853
- Fulgham v. ChevallierTexas Supreme Court · 1853
3Cited by5 opinions
- Connally & Shaw v. SaundersCourt of Appeals of Texas · 1911
- Perrin v. Mallory Commission Co.Arizona Supreme Court · 1904
- Wunsch v. Burlington State BankCourt of Appeals of Texas · 1922
- Koschwitz v. HealyTexas Supreme Court · 1872
- Wunsch v. Burlington State BankCourt of Appeals of Texas · 1922