92 Tex. 483
Decided April 3, 1899
Texas Supreme Court · decided 1899-04-03
Maddox et al. brought suit against Summerlin a-nd wife and appealed from a judgment for defendants, and on affirmance obtained writ of error.
Good law ✅— No negative treatment on recordhow we know
Decided 1899-04-03
Cited by 50 later decisions — most recently January 1987 · most notably Shaw v. Bernal (1912), Jeff Davis County v. Davis (1917)
1 federal appellate · 48 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1*488ON MOTION EOS BEHEABING.
¶2Defendants did not plead that R. L. Summerlin at the time of the institution of the suit, was indebted to his wife in any sum and ask protection for her as a creditor. Whatever might be the effect of the evidence under proper allegations, it can not support the judgment of the court upon an issue not made by the pleadings.
¶3The motion for rehearing is overruled.
¶4Overruled.
¶5Opinion delivered April 3, 1899.