Rabb v. Rogers

Citations

• 67 Tex. 335
• 3 S.W. 303
• 1887 Tex. LEXIS 879

Syllabus

<p>1. Parties—Amendment.—A suit was filed in the name of “F. A. Eabb, a minor, by Ms guardian, G-. A. Eabb.” The petition was amended in the name of “ Gh A. Eabb, guardian of Frank Eabb,” suing for the benefit of Ms ward; each petition was for the benefit of the ward alone. Held, that the amendment did not make a new party plaintiff, and that the guardian was in effect the party plaintiff in each petition.</p> <p>2. Amendments—¡Notice op.—A defendant who has been cited, but has not answered, must be notified of every amendment which sets up a new cause of action, or requires a more onerous judgment against him; but if he has answered, the only notice to which he is entitled is the order of court granting leave to file the amendment.</p> <p>3. Appearance.—A motion to quash citation by a defendant when sustained and the cause continued, is equivalent tó an entry of appearance by him at that term.</p>