Speake v. Prewitt
Texas Supreme Court
Appeal from Cn-ss. The appellee sued the appellant to recover the proceeds of nine bales of cotton alleged to be of the'value of nine hundred dollars.
Read the full summary
Appeal from Cn-ss. The appellee sued the appellant to recover the proceeds of nine bales of cotton alleged to be of the'value of nine hundred dollars. The original petition contained two distinct statements of the cause of action, in imitation of counts in a common-law declaration — one upon a promise to pay to the. plaintiff (he proceeds of so much cotton delivered to the defendant, to be by him sold for the plaintiff; the. other upon an alleged conversion by the defendant, to his own use. of so much cotton of the. plaintiff. The original petition was filed on the 13th day of May, 18-18. The…
1Opinion of the CourtWiieeler, J.
The objection that the exceptions to the amended petition cannot be entertained, there having been an answer to the merits previously filed, is not tenable. The answer to the merits was filed previous to the filing of the amended petition. Where the plaintiff thus amends by the introduction of new matter it is the right of the defendant to plead anew to the new matter so introduced by the plaintiff. Otherwise it might be in the power of the plaintiff so to-frame his pleadings as to deprive the defendant of his just defenses. The exceptions were taken at the earliest stage of the pleadings…
2Cases cited1 opinion
- Pitts v. WaughMassachusetts Supreme Judicial Court · 1808
3Cited by11 opinions
- Jung Fu Chien v. ChenCourt of Appeals of Texas · 1988
- Middlebrook Bros. v. ZappTexas Supreme Court · 1889
- Howell v. BartlettCourt of Appeals of Texas · 1929
- International & G. N. Ry. Co. v. ReedCourt of Appeals of Texas · 1916
- Miller v. WhiteCourt of Appeals of Texas · 1937
6 more not listed; retrieve them via the Exa API.