Austin v. Jordan
Texas Supreme Court
Appeal from Sabine. The appellee sued the appellants and Travis G. Broocks to recover damages for the loss and injury alleged to have been sustained by him in consequence of the carelessness and negligence of the appellants in (he transportation of cotton of which they, as common carriers, had undertaken (he transportation, for tiie plaintiff. The plaintiff claimed one thousand dollars damages.
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Appeal from Sabine. The appellee sued the appellants and Travis G. Broocks to recover damages for the loss and injury alleged to have been sustained by him in consequence of the carelessness and negligence of the appellants in (he transportation of cotton of which they, as common carriers, had undertaken (he transportation, for tiie plaintiff. The plaintiff claimed one thousand dollars damages. The filing of the petition and the writ bore date on the 29th day of November, 1840. 'At the Spring Term, 1847, tiie defendant Clapp, appeared and pleaded in abatement that tiie petition was fded and…
1Opinion of the CourtWheeler, J.
The grounds relied on for a reversal of the judgment relate to the ruling of the court:
1st. In permitting (.he clerk to amend by changing the date of the writ and of the filing of the petition.
2d. In permitting the plaintiff to enter a nolle prosequi as to the defendant Broocks, and proceed to judgment against the other defendants.
3d. In refusing to dismiss the case for the want of jurisdiction.
1. The power to grant, amendments, when not forbidden by law, is a discretionary power in the court the exercise of which an appellate court will not, in general revise. (5 Cr. R., 15; 9 Wheat. R.,…
2Cited by23 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Anding v. PerkinsTexas Supreme Court · 1867
- Miller v. SullivanTexas Supreme Court · 1896
- Linch v. BroadTexas Supreme Court · 1888
- Galveston, H. & S. A. Ry. Co. v. CokerCourt of Appeals of Texas · 1911
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