Hughes v. McFarland

1 Citing case

  1. Baptist Missionary and Convention v. Knox

    23 S.W.2d 781 (Tex. Civ. App. 1929)   Cited 11 times

    No complaint whatever was made of him in the application to abate the receivership, and nothing seems better settled in the authorities than that facts proven, but not alleged, cannot be made the basis of a judgment. Hughes v. McFarland, 60 Tex. Civ. App. 187, 128 S.W. 172. The statute (article 2211) requires that judgments of the courts shall conform to the pleadings, and, as held in Dalton v. Davis, 1 S.W.2d 571, by Section A of the Commission of Appeals, a failure of a judgment to conform to the pleadings is not cured by evidence.