Matossy v. Frosh
Texas Supreme Court
Error from Galveston. Tim appellee brought suit against the appellant ora a promissory note for $158.15, ami interest, and appended to his petition a copy of tlie note. The defendant pleaded certain payments and in roeonvention.
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Error from Galveston. Tim appellee brought suit against the appellant ora a promissory note for $158.15, ami interest, and appended to his petition a copy of tlie note. The defendant pleaded certain payments and in roeonvention. After tho case was called for trial the plaintiff, by leave of the court, the defendant objecting, amended his petition, alleging, in substance, that tlie defendant was indebted to him on an account, besides his indebtedness on the note sued on; that the payments pleaded had been credited on the account, and that tlio note remained unpaid. The plaintiff gave the note…
1Opinion of the CourtWheeler, J.
The amendment of the petition was admissible by way of replication to the plea of payment. Amendments should bo made in such time as not to operate a surprise to the opposite party, or unreasonably to delay the trial. There must he a limit to the right of amendment — a period in the progress of calls — beyond’which it will be within the discretion of the court to refuse or allow amendments as may seem most to accord with tho rights of the parties respectively and the ends of substantial justice. But whore, as in this case, the court has exercised its discretion in permitting an amendment…
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