T. & N. O. R. R. Co. v. White

Citations

• 55 Tex. 251
• 1881 Tex. LEXIS 113

Syllabus

<p>1. Remittitur will not cure error, when.—In a suit brought by a surveyor to recover a locative interest, or its value, of one-third of ten sections of land located and surveyed by him, after service of petition, and without appearance by defendant, an amended petition was filed, claiming a locative interest in another section of land, located in a different county. Judgment by default was rendered, embracing the eleven sections, and providing that if the defendant failed to make partition of the land in a time specified, that plaintiff recover a gTOSs amount of money specified in lieu of the land. Held,</p> <p>(1) In the absence of evidence of the value of the additional section of land described in the amended petition, a remittitur of one-eleventh of the judgment would not cure the error, and the cause was reversed.</p>