Tarkinton v. C. E. Broussard & Co.

Citations

• 51 Tex. 550

Syllabus

<p>1. Verdict—New trial.—A verdict found on conflicting testimony will not be disturbed on appeal, unless the preponderance of evidence against its correctness is so great as to authorize the court to declare it clearly wrong.</p> <p>2. Attachment—Amendment.—Though a petition in attachment, which is accompanied by the statutory affidavit, (in proper terms,) may be so defective as to be held bad on general demurrer, it may, under our practice, be so amended as to support the attachment.</p> <p>3. Distinguished.—This case distinguished from Sydnor v. Chambers, Dallam, 001.</p> <p>4. Amendment—Pleading.—Though a petition may be subject to special or general demurrer, yet if the suit is founded on a proper cause of action, described in the petition with such certainty as to reasonably apprise the defendant of the same, an amendment will relate back to the date of the commencement of the suit.</p> <p>5. Case approved.—Pearce v. Bell, 21 Tex., 690, approved.</p>