Kavanaugh v. Brown
Texas Supreme Court
Error from Washington District Court. This suit was brought by the appellees against the appellants in the court below, upon a promissory note for $500, which was signed by both of the appellants. Process was served on the defendants, but at the first term of the court George "W. Horton, an attorney of the court, as amicus curia}, suggested a variance between the writ and petition, and moved that the writ be quashed.
Read the full summary
Error from Washington District Court. This suit was brought by the appellees against the appellants in the court below, upon a promissory note for $500, which was signed by both of the appellants. Process was served on the defendants, but at the first term of the court George "W. Horton, an attorney of the court, as amicus curia}, suggested a variance between the writ and petition, and moved that the writ be quashed. The court decided the writ was bad, but permitted it to be amended by the petition, to which a bill of exceptions was filed. The defendants then pleaded several matters of…
1Opinion of the CourtLipscomb, J.
The plaintiffs in error assign the following grounds as error, on which they aslc the reversal of the judgment of the court below.
First. The court erred in permitting the plaintiffs to amend the writ by the petition.
Second. The court erred in its charge to the jury as set forth in the bill of exceptions.
From the record it appears that a motion was made before any answer was filed to quash the writ, on the ground that there was a variance between it and the petition, which motion was sustained and leave given to amend the writ by the petition. The defendants excepted to the decision of the…
2Cited by17 opinions
- Red River National Bank v. FergusonTexas Supreme Court · 1918
- Kellett v. TriceTexas Supreme Court · 1902
- Cruger v. McCrackenTexas Supreme Court · 1895
- Cartwright v. ChabertTexas Supreme Court · 1848
- Wofford v. UngerTexas Supreme Court · 1881
12 more not listed; retrieve them via the Exa API.