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Withers v. Bolliger

Court of Civil Appeals of Texas, Fort Worth
Nov 13, 1933
66 S.W.2d 427 (Tex. Civ. App. 1933)

Opinion

No. 12941.

November 13, 1933.

Appeal from District Court, Tarrant County; Walter L. Morris, Judge.

Action between Jacob Bolliger and F. E. Withers, in which an appeal was taken by F. E. Withers. On motion for certiorari to place in the transcript a copy of a mechanic's lien.

Motion overruled.

M. Kleberg, of Fort Worth, for appellant.

J. W. Stitt and Goree Rice, all of Fort Worth, for appellee.


This is on a motion for certiorari to place in the transcript a copy of a mechanic's lien.

The plaintiff below sued on a note secured by a mechanic's lien which latter was attempted to be pleaded by describing the land and the volume, page, and place of recordation, and further pleaded "which lien is hereby made a part of this petition as if fully herein set forth."

Whether or not such is sufficient pleading, it gives no right to appellee to amend his pleadings in this court by inserting a copy of such lien. We cannot grant the writ to the district court, for the original instrument is not in that office. The most that can be contended for such pleading is that it notified the defendant of evidence intended to be offered. As such, it has no greater dignity than any other pleading of facts which a litigant might wish to amend in this court and plead more fully.

The motion is overruled.


Summaries of

Withers v. Bolliger

Court of Civil Appeals of Texas, Fort Worth
Nov 13, 1933
66 S.W.2d 427 (Tex. Civ. App. 1933)
Case details for

Withers v. Bolliger

Case Details

Full title:WITHERS v. BOLLIGER

Court:Court of Civil Appeals of Texas, Fort Worth

Date published: Nov 13, 1933

Citations

66 S.W.2d 427 (Tex. Civ. App. 1933)