Spencer v. McCarty

Citations

• 46 Tex. 213

Syllabus

<p>1. Amendment—Practice.—The appropriate use of an amendment to the petition is to give a more full and clear statement of the cause of action alleged in the original; and a definite description of land, against which it is sought to enforce tiie vendor’s lien, may he given by amendment.</p> <p>2. Same.—The defendant is bound to notice the filing of such amendments, and judgment by default may properly be taken without service of notice of filing.</p> <p>3. Practice—Variance.—Where a note is copied into the petition, or attached thereto as an exhibit, there can be no variance when the note is offered in evidence.</p> <p>4. Pleading.—The “ promise ” to pay is sufficiently alleged where the execution and delivery of a promissory note are alleged, and the note made part of the petition.</p>