Foster v. Martin
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit commenced August 11th, 1856, by the defendant in error, against the plaintiff in error, on two promissory notes, one for $10 and the other for $142 37J, due in 1840, with an allegation “ that said notes not having been paid, the said Foster, in consideration of the same, did, within the four years next preceding the institution of this suit, acknowledge the justice of said debt in writing, over his own…
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit commenced August 11th, 1856, by the defendant in error, against the plaintiff in error, on two promissory notes, one for $10 and the other for $142 37J, due in 1840, with an allegation “ that said notes not having been paid, the said Foster, in consideration of the same, did, within the four years next preceding the institution of this suit, acknowledge the justice of said debt in writing, over his own signature, whereby he became liable to pay the same with the interest thereon accruing,” &e. Citation served Sept. 5th;…
1Opinion of the CourtWheeler, J.
The motion to set aside the judgment was in the nature of a motion for a new trial. To entitle the defendant to have the judgment set aside, as a matter of legal right, he should have brought his application substantially within the rules governing the granting of new trials. He should have made his application within the time prescribed, or shown some sufficient excuse for his neglect. His application should have shown a sufficient excuse for his failure to appear and make his defence to the action within the time allowed for pleading, and also that he had a meritorious defence. The…
2Cited by30 opinions
- Ivy v. CarrellTexas Supreme Court · 1966
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- Lawther Grain Co. v. WinnifordTexas Commission of Appeals · 1923
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
- Patton v. RuckerTexas Supreme Court · 1867
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