Graham v. McCarty & Brown

Citations

• 69 Tex. 323
• 7 S.W. 342
• 1887 Tex. LEXIS 825

Syllabus

<p>1. Pleading. — A plea in abatement, filed after an answer to the merits, should be disregarded.</p> <p>2. Abatement. — When matters pleaded in abatement do not appear of record, the plea must be sworn to; and if the affidavit is to the truth oi the plea; according “to the best of affiant’s knowledge and belief,” it is fatally defective.</p> <p>•8. Judgment. — A judgment based on a verdict returned in response to an issue not presented ay the pleadings will be reversed.</p>