Barton v. American National Bank
Court of Appeals of Texas
Appeal from Dallas. Tried below before Hon. R. E. Burke. 1. Where a judgment was rendered more than a month previous to the making of a motion for a new trial, and is in conformity with the pleading on file at the time, and supported by evidence, a trial court can not set it aside, even at the same term of the eourt, unless it clearly appears that, without any fault on the'part of the party moving to set it aside, it is grossly unjust, and that the party complaining had a…
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Appeal from Dallas. Tried below before Hon. R. E. Burke. 1. Where a judgment was rendered more than a month previous to the making of a motion for a new trial, and is in conformity with the pleading on file at the time, and supported by evidence, a trial court can not set it aside, even at the same term of the eourt, unless it clearly appears that, without any fault on the'part of the party moving to set it aside, it is grossly unjust, and that the party complaining had a good defense which he was prevented from setting up by reason of fraud of the other parties to the judgment. Sayles’ Civ.…
1Opinion of the Court
LIGHTFOOT, Chiee Justice.
The American National Bank brought suit in the District Court of Dallas County upon the following note:
“No. 6007. $3000.
“Dallas, Texas, March 31, 1891.
“Ninety days, without grace, after date, we, or either of us, promise to pay to the order of the American National Bank, of Dallas, three thousand dollars, at the office of said bank, with interest at the rate of 12 per cent per annum after maturity until paid, and 10 per cent additional on the amount of said note for attorney’s fees, if placed in the hands of an attorney for collection. Value received.
[Signed]
“Times…
2Cases cited8 opinions
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