Pyron v. Grinder

Citations

• 25 Tex. 159

Syllabus

<p>This court will not revise the judgment on the question of the sufficiency of the evidence .to support the verdict, unless a new trial was applied for on that ground. (Paschal’s Dig., Art. 1470, Note 5G6.)</p> <p>Where a defendant did not set up the fact of suretyship in his answer, as the statute contemplates, or call on the court to render the judgment therein described, he cannot complain that the judgment is rendered against him as a principal. (Paschal’s Dig., Art. 4785, Note 1071.)</p> <p>Where the exhibit to the petition shows that the defendant’s name to a note was wanting, the verdict will not be sustained, although the original petition averred that he executed the note, and the statement of facts shows that such an execution was proved.</p> <p>Where an instrument sued on is made a part of the petition, there can be no variance; the instrument filed will control the averments of the petition.</p>