Usher v. Skidmore
Texas Supreme Court
Error from. Collin. The case was tried before Hon. B. L. Waddill, one of the district judges. Catón FT. Usher and his wife, Sarah A. G. Usher, brought this suit, on the 12th of March, 1860, against S. B. Skidmore and his wife, Sarah Skidmore. The suit was an action for damages incurred by reason of the arrest and imprisonment of the plaintiff, Sarah, on a charge of theft.
Read the full summary
Error from. Collin. The case was tried before Hon. B. L. Waddill, one of the district judges. Catón FT. Usher and his wife, Sarah A. G. Usher, brought this suit, on the 12th of March, 1860, against S. B. Skidmore and his wife, Sarah Skidmore. The suit was an action for damages incurred by reason of the arrest and imprisonment of the plaintiff, Sarah, on a charge of theft. The original petition represented that the defendants “ did, without any just or probable cause, on the 25th day of January, A. D. 1860, complain and swear before John L. Lovejoy, a justice of the peace for the said county…
1Opinion of the CourtSmith, J.
—If the amended petition filed by the plaintiff below, on the 19th February, 1861, did introduce a new and distinct cause of action from that originally sued upon, we are not satisfied that the court erred in ruling out the affidavit, and holding that the plaintiffs’ cause of action was barred by the twelve months’ limitation. (O. & W. Dig., Art. 1333; 7 Tex., 489; 8 Id., 225; Id., 427; 10 Id., 74; Paschal’s Dig., Art. 54, Note 243, p. 108.)
But we are of opinion it did not introduce a new cause of action, and was only an amendment of an inaccurate averment of a fact set up in the original…
2Cases cited1 opinion
- Turner v. BrownTexas Supreme Court · 1852
3Cited by4 opinions
- JC Penney Company v. GilfordCourt of Appeals of Texas · 1967
- Ada Oil Company v. DillaberryCourt of Appeals of Texas · 1969
- Green v. MeadowsCourt of Appeals of Texas · 1974
- Mann v. MitchellCourt of Appeals of Texas · 1922