Janson v. Bank of the Republic

Citations

• 48 Tex. 599

Syllabus

<p>1. Practice—Waiver.—In a suit on a promissory note, if there be no breach for non-payment alleged in the petition, that defect will, on appeal, be regarded as waived, and cured by a withdrawal, at the trial, of general denial and general exceptions filed by defendant, when a judgment nihil dicit has been rendered for the amount of the note.</p> <p>2. Practice—Judgment —The withdrawal of his pleas by a defendant is an implied confession of judgment, having reference to the cause of action stated in the petition; but if the judgment should, in such cases, be rendered for a larger amount than is warranted by the cause of action stated, such error would not be cured by the implied confession resulting from a withdrawal of the answer.</p> <p>3. Judgment.—No implied confession of judgment can result from a withdrawal of the answer, if, before its abandonment, exceptions to the petition had been insisted on by defendant, which were overruled. The error in overruling the exceptions could be considered on appeal.</p>