Stoner v. Thompson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that absent a pleading by the intervenor requesting an award of money damages, the plaintiff did not receive fair notice that the trial court might award damages in favor of the intervenor upon the trial
• holding that “[a] judgment must be based upon pleadings” not “‘on an unpleaded cause of action, in the absence of trial by consent’” (quoting Oil Field Haulers Ass’n v. Railroad Comm’n, 381 S.W.2d 183, 191 (Tex. 1964))
• holding in default judgment case that where pleadings did not mention that plaintiff had sustained money damages, defendant did not have fair notice that trial court might award money damages against it
• holding pro se party was charged with notice of all pleadings served on him, or on his attorney prior to withdrawal
• stating that judgment cannot be entered on pleading in postanswer default judgment, but plaintiff must offer evidence and prove case as in judgment upon trial
• holding pro se party was charged with notice of all pleadings served on him, or on his attorney prior to withdrawal

Source: CourtListener parenthetical corpus (CC0).