Texas Supreme Court July 1, 1858 (Howard v. Crawford)

Wheeler, J.

It was too late to move to quash the proceedings for want of notice, after the parties had appeared, the issue had been formed and they had announced themselves ready for- trial. The motion to dismiss was rightly overruled. But the judgment upon the merits cannot be maintained. The issue was properly framed by the Justice ; and as there were no pleadings .