Hardy v. De Leon
Texas Supreme Court
Appeal from Victoria. This suit was brought on the 22d day of June, 1844, ■by Fernando De Leon, as guardian of Francisco Santiago De Leon and next friend of Martin De Leon and Francisco De Leon, infant children and heirs of Sylvester De Leon, against the appellant Hardy, to recover the possession of •a league of land.
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Appeal from Victoria. This suit was brought on the 22d day of June, 1844, ■by Fernando De Leon, as guardian of Francisco Santiago De Leon and next friend of Martin De Leon and Francisco De Leon, infant children and heirs of Sylvester De Leon, against the appellant Hardy, to recover the possession of •a league of land. The plaintiff claimed title in ills ward and the other infant heirs of Sylvester De Leon, on whose behalf the suit was brought, derived by inheritance from their father, to whom, as a colonist in the colony of Martin De Leon, it liad been granted by authority of the State of…
1Opinion of the CourtWheeler, J.
In reference to the several grounds of error relied on for a reversal of the judgment, considered in the order in which the proceedings to which they relate transpired, we are of opinion—
1. That it was within the discretion of the court under the circumstances to refuse to permit the amended pleas of the defendant Newcomb to be filed. He had obtained leave to amend his pleadings within a prescribed period, one year previous to the filing of these pleas. He had, however, declined to exercise the right accorded to him within the time limited by the order of the court and up the very day of…
2Cases cited7 opinions
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- Patterson v. United StatesSupreme Court of the United States · 1817
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
- Jackson ex rel. Swartwout v. ColeNew York Supreme Court · 1825
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- Dreyer v. JaletDistrict Court, S.D. Texas · 1972
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