Pendleton v. Colville

Citations

• 49 Tex. 525

Syllabus

<p>1. Amendment setting up new cause of action.—A judgment. rendered for plaintiff upon a new cause of action set up by amendment in a publication suit, and of which amendment defendants have had no notice, will be reversed on writ of error.</p> <p>2. Practice in Supreme Court.—Such error is fundamental, and will he noticed, although not assigned as error.</p> <p>3. Amendment—Hew cause of action.—See case of an amendment held to set up a new cause of action, and requiring notice thereof to defendants.</p>