Legal Opinion

Perkins v. Dunlavy

Texas Supreme Court

Decided February 29, 1884No. Case No. 1800PublishedCited by 13 opinions

Appeal from Fort Bend. Tried below before the Hon. Wm. H. Burkhart. Suit for a tort filed on the 13th day of February, 1882, by appellant against J. F. Dyer (the original defendant), seeking to recover actual and exemplary damages alleged to have been sustained by him by reason of an indictment which was presented against Perkins in the district court of Fort Bend county charging him with having swindled Dyer, it being alleged that the presentment of the indictment was…

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Appeal from Fort Bend. Tried below before the Hon. Wm. H. Burkhart. Suit for a tort filed on the 13th day of February, 1882, by appellant against J. F. Dyer (the original defendant), seeking to recover actual and exemplary damages alleged to have been sustained by him by reason of an indictment which was presented against Perkins in the district court of Fort Bend county charging him with having swindled Dyer, it being alleged that the presentment of the indictment was procured by Dyer, and that the prosecution was instigated, encouraged and carried on by him; that he acted with malice toward…

1Opinion of the Court

Willie, Chief Justice.

— It is unnecessary for us in the present case to decide as to the validity of the citation served upon Dyer, or as to whether or not the filing of a motion for security for costs, or of a notice and interrogatories to take the depositions of a witness, amount to such an appearance by a defendant as will authorize a judgment by default.

The application for judgment nunc pro tune was based upon the ground that the district judge erred in quashing the citation, and holding the defendant was not in court in such manner that a judgment by default could not be taken against…

2Cases cited1 opinion

  1. Chambers v. HodgesTexas Supreme Court · 1848

3Cited by13 opinions

  1. Finlay v. JonesTexas Supreme Court · 1968
  2. Arrington v. McDanielTexas Supreme Court · 1930
  3. Montgomery v. HuffCourt of Appeals of Texas · 1928
  4. Huselby v. AllisonCourt of Appeals of Texas · 1930
  5. Hannon v. HensonCourt of Appeals of Texas · 1928

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