Dowell v. Mills

Citations

• 32 Tex. 440

Syllabus

<p>1— A judgment in favor of a nominal plaintiff “for the use of the estate of Saunders, deceased,” will not be disturbed in this court, on the assignment that it does not show for whom it was rendered.</p> <p>2— Pending suit on a note, it was competent for the plaintiff to assign the demand sued on, and then to amend by leave of the court, so as to have the suit proceed to judgment for the use of the assignee, instead of for his own benefit.</p> <p>3— The defendant, having been duly cited, was bound to take notice of such an amendment, without other notice than the original citation.</p> <p>4— The case of McEadin v. MacGreal, 25 Texas R, 73, cited and approved.</p>