Parham v. Grace

A question presented to us by this appeal upon which our disposition may be made to depend is whether or not in a suit on sworn account under Texas Rules of Civil Procedure, rule 185 a defendant may be heard on his motion for leave to file a trial amendment so as to aver that the claim sued on “is not just or true, in whole or in part”, where his pleadings at the time construably actually deny the justness of the entire claim but not by the use of the language of the Rule.

It was the opinion of the trial court that it had no discretion to allow the same and therefore overruled it. What the…