Harrell v. Kemper

Citations

• 44 Tex. 421

Syllabus

<p>1. Discovery.—Defendant, in support of a valid defense set up in his answer, filed therewith interrogatories to support the same, which were not answered : Held, Error in the court to refuse to take such interrogatories as confessed. STor is the error cured by the fact manifest in the record that the same facts were sustained by other testimony.</p> <p>2. Pleadings—Practice.—In the absence of a replication setting up facts in avoidance of a good defense pleaded in the answer, it is error to admit testimony avoiding the defense.</p>