Spence v. Onstott
Texas Supreme Court
— Appeal from Fannin County. The appellant filed his petition in the district court on the 22d day of August, 1843, alleging that in April, 1840, he purchased of the appellee (who was defendant below) .fifteen head of cattle for which he paid $125; that, by agreement between the parties, the cattle were to remain at the plaee of the defendant’s residence until the plaintiff might choose to take them away; that subsequently, in the same year, he called upon the defendant for…
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— Appeal from Fannin County. The appellant filed his petition in the district court on the 22d day of August, 1843, alleging that in April, 1840, he purchased of the appellee (who was defendant below) .fifteen head of cattle for which he paid $125; that, by agreement between the parties, the cattle were to remain at the plaee of the defendant’s residence until the plaintiff might choose to take them away; that subsequently, in the same year, he called upon the defendant for the cattle and undertook to drive them away; but that Uhe defendant, in violation of his agreement, refused to permit…
1Opinion of the CourtJustice Wheeler
The only questions presented by the record which it is deemed material to notice relate to: 1st. The amendment of the answer; and 2d. The instruction to the jury.
1st. Under the 20th section of the act of 1836 [1 Stat. 198], “establishing the jurisdiction and powers of the district court,” the 12th section of the act of 1840 [4 Stat. 88], “ to regulate the proceedings in civil suits,” and the several other acts authorizing amendments, then in force, it was, we think, beyond doubt within the discretion of the court to permit the amendment in question.
2d. Had the present been an action brought…
2Cited by2 opinions
- G., C. & S. F. R'y Co. v. GreenleeTexas Supreme Court · 1884
- Gulf, Colorado & Santa Fe R'y Co. v. GreenleeTexas Supreme Court · 1884