Findlay v. Lumsden
Court of Appeals of Texas
Error from District Court, Morris County; W. T. Armistead, Judge. Action by C. A. Lumsden against J. H. Findlay. There was a judgment for plaintiff, and defendant brings error. Defendant in error was the plaintiff in the court below, and hereinafter will be so designated. Plis suit was on promissory notes in his favor made by plaintiff in error, who hereinafter will be referred to as defendant, for sums amounting to $500, besides interest.
Read the full summary
Error from District Court, Morris County; W. T. Armistead, Judge. Action by C. A. Lumsden against J. H. Findlay. There was a judgment for plaintiff, and defendant brings error. Defendant in error was the plaintiff in the court below, and hereinafter will be so designated. Plis suit was on promissory notes in his favor made by plaintiff in error, who hereinafter will be referred to as defendant, for sums amounting to $500, besides interest. In his petition plaintiff alleged that defendant resided in the state of Tennessee. The prayer in said petition was as follows: “Wherefore, premises…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1,2] It will be noted that the prayer in the petition was for judgment against the plaintiff for the sum due on the notes. It is urged that the petition therefore was not sufficient to support the judgment by default against the defendant. The contention is overruled. So obvious an error on the part of the pleader could not have misled the defendant. And, besides, a petition good as against a general demurrer will sustain a judgment by default. Graves v. Drane, 66 Tex. 658, 1 S. W. 905; Matthews v. Boykin, 40 S. W. 845. It is plain the petition here was…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Graves v. DraneTexas Supreme Court · 1886
- Milburn v. SmithCourt of Appeals of Texas · 1895
- Fry v. ColbornIndiana Court of Appeals · 1897
3Cited by5 opinions
- First Nat. Bank of Houston v. C. H. Meyers & Co.Court of Appeals of Texas · 1926
- Lane v. First Nat. Bank of GreenvilleCourt of Appeals of Texas · 1919
- Pantaze v. Fox-Head Spring Beverage Co.Court of Appeals of Texas · 1929
- Okanogan State Bank v. ThompsonOregon Supreme Court · 1922
- Pantaze v. Fox-Head Spring Beverage Co.Court of Appeals of Texas · 1929