Pearce v. Bell
Texas Supreme Court
Error from Harrison. Tried below before Hon. John Gregg. Suit by defendant in error to recover a debt due him by plaintiff in error, secured by mortgages. The petition was sworn to, and an attachment sued out. Subsequently defendant in error amended his petition without swearing to the amendment. This the plaintiff in error moved to strike out, which the Court refused to do.
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Error from Harrison. Tried below before Hon. John Gregg. Suit by defendant in error to recover a debt due him by plaintiff in error, secured by mortgages. The petition was sworn to, and an attachment sued out. Subsequently defendant in error amended his petition without swearing to the amendment. This the plaintiff in error moved to strike out, which the Court refused to do. The pleadings, verdict, and judgment, upon which questions arose, are given substantially in the Opinion. The transcript contained no statement of facts or bill of exceptions. There was a verdict and judgment for the…
1Opinion of the CourtRoberts, J.
The right of the plaintiff below, who is defendant in error, to amend his petition in an action for a debt and foreclosure of mortgage, notwithstanding an attachment issued in it, is too clear and well established to require any exposition.
The point which presents any difficulty is, whether the judgment foreclosing the mortgage was authorised by the verdict, which is in these words : “We, the jury, find for the plaintiff the sum of fifteen hundred and thirteen dollars.” ■
'The suit was founded on one note and two mortgages on the same negroes. The larger debt of the two was secured by a…
2Cited by25 opinions
- Gulf, Colorado & Santa Fe Ry. Co. v. JamesTexas Supreme Court · 1889
- Jones v. FordTexas Supreme Court · 1883
- Hales v. PetersCourt of Appeals of Texas · 1913
- St. Louis, Arkansas & Texas Railway Co. v. HendersonTexas Supreme Court · 1893
- Rushing v. LanierCourt of Appeals of Texas · 1908
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