Janson v. Bank of the Republic

Roberts, Chief Justice.

In a suit upon a note in which there is no breach for non-payment alleged in the petition, will that defect be considered by this court as having been waived and cured by a withdrawal, at the trial, of the general exceptions and general denial pleaded by the defendant, and a judgment nihil dicit being then taken for the proper amount, according to the terms of the note ? It will. (Cartwright v. Roff, 1 Tex., 81.)

Upon a review of all of the cases of similar character decided by this court, and, as a deduction from them, in the case of Storey v. Nichols, 22 Tex., 93, it…