Carter v. Reynolds
Texas Supreme Court
Error from Anderson. This was a proceeding by attachment, instituted by the defendant in error against the plaintiff in error in tlie District Court on the 21st day of August, 1849. Both plaintiff and defendant were non-residents.
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Error from Anderson. This was a proceeding by attachment, instituted by the defendant in error against the plaintiff in error in tlie District Court on the 21st day of August, 1849. Both plaintiff and defendant were non-residents. The original petition set out as tlie cause of action two judgments recovare by the plaintiff against the defendant in the State of Alabama, on tlie — :lv of-, 1S4G, for tlie sum of seven hundred and fifty dollars each, which judg ments, it was alleged, were recovered upon two promissory notes for tlie sia of seven hundred' and fifty dollars each. The petition…
1Opinion of the CourtWheeler, J.
The proceedings in this case, from their inception to their final consummation in the judgment, are marked with irregularities. *284There are more grounds than one on which the judgment must he reversed; but as there is one which must Anally dispose of the case, others need not be noticed.
It is manifest that the cause of actiou set out in the original petition and that introduced by the amendment, on which the judgment was rendered, are distinct and wholly different causes of action. The suit was instituted upon two judgments for the sum of seven hundred and fifty dollars each, alleged to have…
2Cited by4 opinions
- McLane v. PaschalTexas Supreme Court · 1884
- Connally & Shaw v. SaundersCourt of Appeals of Texas · 1911
- Mitchell v. LytleCourt of Appeals of Texas · 1879
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879