Walling v. Williams
Texas Supreme Court
Appeal from Nacogdoches. The appellant brought suit against (lie defe-sd-ants as successive indorsers of anote given by one Allison. The plaintiff alleged that lie had sued Hit* maker on the note, and that on tiie plea (hat he had never made it, the dcíeudant liad judgment in his favor before a justice, of the peace.
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Appeal from Nacogdoches. The appellant brought suit against (lie defe-sd-ants as successive indorsers of anote given by one Allison. The plaintiff alleged that lie had sued Hit* maker on the note, and that on tiie plea (hat he had never made it, the dcíeudant liad judgment in his favor before a justice, of the peace. The suit was brought to the April Term, 1842, of file court, At tiie same term to which tiie suit was brought, tiie defendants, each of them by different counsel, tiled sepárale answers, denying all indebtedness. Two terms of the court seem to have passed without any entry. At…
1Opinion of the CourtIn prfCOMB, J.
The amendment made by the plaintiff was trivial and unimportant. and could not change, or affect the answer tiled by the defendants so long before, and afforded no pretense for opening the pleadings anew. Although the ends of justice allow great latitude to tlie discretion of the District Court in p-rmitting amendments, yet we believe that to allow a new defense, setting up a defense in law, live years after an issue in fact had been formed, would lie too great an irregularity in practice, and would be very often productive of much injustice and hardship, and ought not be permitted 1111 less…
2Cited by3 opinions
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- National Guarantee Loan & Trust Co. v. FlyCourt of Appeals of Texas · 1902
- King v. CassidyTexas Supreme Court · 1872