Carter v. Eames

Citations

• 44 Tex. 544

Syllabus

<p>1. Amendment.—A defendant who failed to move to strike out an amended petition setting up a new cause of action as filed too late, cannot on appeal complain of being forced to trial without having been served with a copy of such amendment.</p> <p>2. Continuance.—An application for continuance not stating the statutory diligence, should set out the facts so that the court could judge whether the use of statutory diligence would have been effectual in obtaining the testimony.</p> <p>3. Practice.—The irregular admission of secondary evidence not shown to have been objected to below will not be revised on appeal.</p> <p>4. Charge of court.—A charge incorrect in law, but which manifestly from the record could in no way have affected the rights of the parties, is not cause for reversal.</p> <p>5. Assignment of errors.—Errors not assigned below are considered as waived; errors cannot be assigned in the Supreme Court except by consent of parties.</p>