Nixon v. Padgett

Citations

• 57 S.W. 854
• 23 Tex. Civ. App. 689
• 1900 Tex. App. LEXIS 413

Syllabus

<p>Appeal from Justice to County Court—Hew _Cause of Action.</p> <p>Plaintiff sued in Justice Court upon a note secured by chattel mortgage, and, after citation served, set up another note for an additional amount secured by the. same mortgage, and had judgment by default upon both notes. Defendants carried the case to the County Court, where plaintiff's evidence as to the second note was excluded, because no citation was issued as to it in the Justice Court. Held, that even if the amendment in the Justice Court was such as to require another citation there, which is not decided, yet, the trial being de nova in the County Court, it should have tried the whole ease as made by the record, the new cause of action, if any, having been already set up in the Justice Court within the meaning of the statute. Rev. Stats., art 358.</p>