McDannell & Co. v. Cherry

Citations

• 64 Tex. 177

Syllabus

<p>1. Jurisdiction — Trial amendment.— A mistake in stating the value of the claim sued on may be corrected by the plaintiff in a trial amendment for the purpose of giving the court jurisdiction. If the value stated in the amended petition was fictitious, the defendant could have alleged and proved that fact, and so defeated the jurisdiction; but as that fact did not appear upon the face of the record, it furnished no grounds for sustaining a demurrer to the jurisdiction.</p> <p>2. Remedy. — If the facts stated in a petition entitle the plaintiff to proceed in an action of forcible entry and detainer, he is not confined to that action, but can resort to any other form of action by which the property in controversy could be recovered.</p>