Foster v. Smith

Citations

• 66 Tex. 680
• 2 S.W. 745
• 1886 Tex. LEXIS 597

Syllabus

<p>1. Practice—Filing amendment.—It is within the discretion of the district judge to allow a party to withdraw his announcement of readiness for trial, for the purpose of filing an amendment, and his action in this respect will not be revised on appeal ,</p> <p>2 Practice — Amendment—Limitation —The .original petition, in an action to revive ajudgment, alleged thatno execution had ever issued upon the judgment; th- amended petition alleged that execution issued within a year from the rendition of thejudgment, but that nine years had elapsed since the issuance of execution Held the cause of action set u)p by the amended petition was not different from that alleged m the original petition, upon either, the plaintiff was entitled to a revival of the judgment. The ¡period of limitation not having expired when the original petition was filed, a ;blea of limitation presented no defense to the amended petition.</p>