Roberson v. McIlhenny, Hutchins & Co.

Citations

• 59 Tex. 615
• 1883 Tex. LEXIS 237

Syllabus

<p>1. Pleading.— When, in an action by a partnership, the name of one of the members is omitted from the petition as a party plaintiff he may be made a party plaintiff by amendment, without the necessity of further service on the defendant; the cause of action remaining the same.</p> <p>2. Limitation.— Limitation would not, in such case, run against the cause of action up to the date of such amendment.</p> <p>3. Evidence.— See statement of case for answers to interrogatories, which were not liable to the objection that they were not responsive.</p>