Ayres v. Ayres

1 Citing case

  1. Bankers Lloyds v. Pollard

    40 S.W.2d 859 (Tex. Civ. App. 1931)   Cited 15 times

    Southern Surety Co. v. Morgan (Tex.Com.App.) 16 S.W.2d 533. See also Ayres v. Ayres (Tex.Civ.App.) 32 S.W.2d 655, where it is held, even in a divorce suit, that if the issues joined necessarily required proof of facts imperfectly stated or even omitted in the petition, the defect is cured by the verdict if the facts established by proof offered are not challenged by the appellant. Especially is this the rule in actions arising under the Workmen's Compensation Act where the construction of the pleadings must be liberally made in favor of the complainant. Southern Casualty Co. v. Weaver (Tex.Com.App.) 273 S.W. 838.