Legal Opinion

Anderson v. Boyd

Texas Supreme Court

Decided July 1, 1885No. Case No. 5373PublishedCited by 10 opinions

Appeal from Ellis. Tried below before the Hon. Geo. Aldredge. The opinion, in connection with the statements contained in the syllabus, states the case.

1Opinion of the Court

Willie, Chief Justice.

The amended petition, termed a trial amendment, set up the same cause of action relied on in the original petition, viz., the judgment obtained by Boyd against Anderson. That the one alleged that the judgment was in full force, and the other that it was dormant or had lost its lien, does not affect the *109question. These were but the legal conclusions of the pleader, and whether the facts averred had the one effect on the other upon the judgment was for the court to determine upon the state of case made by the pleadings. Limitation therefore ceased to run against the…

2Cases cited4 opinions

  1. Goode v. McCartneyTexas Supreme Court · 1853
  2. Wright v. DailyTexas Supreme Court · 1863
  3. Masterson v. CundiffTexas Supreme Court · 1883
  4. Portis v. EnnisTexas Supreme Court · 1864

3Cited by10 opinions

  1. Steinhardt & Co. v. Galveston Cotton Seed Meal Co.Court of Appeals of Texas · 1911
  2. Boggess v. HarrisTexas Supreme Court · 1897
  3. Stevens v. StoneTexas Supreme Court · 1901
  4. Ater v. KnightCourt of Appeals of Texas · 1920
  5. Harrison Machine Works v. TempletonTexas Supreme Court · 1891

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