Lee v. Zundelowitz
Court of Appeals of Texas
Appeal from- District Court, Wichita County ; E. W. Napier, Judge. Suit by-A. Zundelowitz against Louis Lee. From a judgment refusing to postpone trial, and overruling motion for a new trial, defendant appeals.
1Opinion
On Motion for Rehearing.
[5] In the motion for rehearing appellant insists that the fact that he had no pleading which would have authorized him to make the defense which he set up in his motion for ■ new trial ought not to be considered in determining the case, for the reason “that he had an absolute right to file an amended pleading at any time before announcing ready for trial,” and it would have been reversible error for the trial court to deny him the right to amend and set up this defense. We do not understand this proposition to be a correct statement of the law. Lipscomb v. Perry, 100…
2Cases cited7 opinions
- Guffy v. HukillWest Virginia Supreme Court · 1890
- Lipscomb v. PerryTexas Supreme Court · 1906
- Bowman v. FootSupreme Court of Connecticut · 1860
- Houston Oil Co. v. Reese-Corriher Lumber Co.Court of Appeals of Texas · 1915
- Kimmons v. AbrahamCourt of Appeals of Texas · 1913
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