Bates v. J. F. Evans & Co.

Opinion by

Willson, J.

§211. Amendment of petition, not permissible after a judgment by default. It is not permissible for the plaintiff to amend his petition after he has taken a judgment by default, without first having the judgment set aside. But this objection to an amended petition cannot be entertained when made for the first time in the appellate* court. [Portwood v. Wellburn, 33 Tex. 713; Tullis v. Scott, 38 Tex. 537.]

§212. Admission of principal binds sureties. This was a suit upon a written obligation against.a principal and his sureties to recover money alleged to be due thereon.…