Miller v. Sturm

Citations

• 36 Tex. 291

Syllabus

<p>1. In trials of the right of property, under Article 5312 of Paschal’s Digest, the plaintiff in execution has the burden of proof and the affirmative of the issue, when the property levied on was taken from the possession of the claimant; but the claimant has the burden and the affirmative, when the property was taken from any other possession than his own. It is sometimes difficult to determine in whose possession the property was when taken in execution; and in such cases the court trying the cause is to direct which party shall assume the burden of proof and , have the affirmative of the issue.</p> <p>2. After parties have announced ready for trial they have no longer the absolute right to amend their pleadings ; and at no time have parties the right to hold the business of the court in suspense, to enable them to prepare pleadings which they should have previously prepared.</p>