Whitehead v. Herron

Decided July 1, 1855

Texas Supreme Court · decided 1855-07-01

On the 25th of August, 1854, the appellant, as administrator of the estate of B. G. Whitehead, deceased, instituted a suit in the District Court of Guadalupe county, against the appellee, on a promissory note, payable to said Whitehead.

Cited by 2 later decisions — most recently February 1927

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-01

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Wheeler, J.

¶1We have heretofore decided that a plaintiff

¶2may so amend his petition as to change the character or right in which he sues, upon payment of costs, where the change does not operate to deprive the defendant of any defence,' or prejudice any right which may have accrued to him at the time of the amendment. (Henderson v. Kissam, 8 Tex. R. 46.)

¶3It is not pretended that any defence or right had accrued to the defendant in this case, after the filing of the petition, which would be prejudiced by the amendment. The Court, therefore, should not have dismissed the case, because of the amendment ; but should only have adjudged the costs against the plaintiff.

¶4The judgment is therefore reversed and the cause remanded.

¶5Reversed and remanded.