Hutchins v. Wade
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by appellee against appellant, commenced June 9,1856, on the agreement set out in the Opinion. The petition simply alleged the promise in writing, giving a copy, and stating that “ although said crop has been sold, and the time for the payment of said note has passed, there still remains unpaid and due your petitioner the sum of two hundred and nine yVv dollars; and therefore your petitioner sues,” &e.
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by appellee against appellant, commenced June 9,1856, on the agreement set out in the Opinion. The petition simply alleged the promise in writing, giving a copy, and stating that “ although said crop has been sold, and the time for the payment of said note has passed, there still remains unpaid and due your petitioner the sum of two hundred and nine yVv dollars; and therefore your petitioner sues,” &e. Answer that the crop had not been sold as alleged. A few days afterwards defendant filed an amended answer, in which he…
1Opinion of the CourtRoberts, J.
There being no statement of facts in the case, the errors assigned, upon the rulings of the Court, as to the admission of testimony, and as to the interrogatories propounded to defendant, and upon the charges given, and charges refused to be given to the jury, cannot be considered. The only question now presented by the record is, did the Court err in sustaining the petition and in permitting and sustaining the amendments of plaintiff?
The Court permitted the plaintiff to amend after overruling the exceptions of defendant to the petition. That was certainly within the discretion of the Court,…
2Cited by23 opinions
- Moore v. MooreTexas Supreme Court · 1889
- Lockett v. SchurenbergTexas Supreme Court · 1884
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Ivy v. IvyCourt of Appeals of Texas · 1908
- Washington v. First National BankTexas Supreme Court · 1885
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