Armstrong v. Bean

Citations

• 59 Tex. 492
• 1883 Tex. LEXIS 208

Syllabus

<p>1. Pleading — Parties.— The filing of a paper in a cause, designated therein as an “amended petition,” wherein one not before a party to the cause seeks to make himself a plaintiff in lieu of the original plaintiff, is an irregularity though filed with leave of the court, and no judgment can be rendered thereon until after service thereof upon the defendant as in an original suit. The fact that defendant has not been cited to appear and answer the petition of such a party affords no ground for exception to the petition, though a plea to the jurisdiction of the person for want of service should be sustained.</p> <p>2. Same.— If, however, after attempting to except to such petition because there was no service thereof, the defendant answers in full to the merits, he will be regarded as having waived the irregularity of the proceeding.</p> <p>3. Same. — The rights of a party thus permitted to be made a party plaintiff were neither enlarged or restricted by any proceedings had formerly between the original parties to the cause.</p> <p>4. Statement op pacts. — Former decisions to the effect that a statement of facts filed more than ten days after the adjournment of the term, when no order was entered upon the minutes of the court in term- time permitting it, adhered to.</p>