Gerald v. Burthee
Texas Supreme Court
Error from Polk. The case was tried before Hon. James M. Maxcy, one of the district judges. The defendant acknowledged service more than five days before the term, but the petition was not filed until the fifth day of the term. Then the defendant confessed judgment without an affidavit, as directed by the 116th section of the act to regulate proceedings in the district court. (Paschal’s Dig., Art. 1477, Note 573.) The question turned upon the effect of the judgment.
1Opinion of the CourtWillie, J.
This was a suit commenced below by defendants in error against plaintiffs in error upon a promissory note. Service was accepted by indorsement on the petition more than five days before the commencement of the court, and on the fifth day of the term the petition was filed, and the plaintiffs in error confessed judgment for the full amount claimed in it. The case is now brought to this court by writ of error, and it is assigned, among other things, that the court erred in permitting a judgment by confession to be entered up without process, and *204without an affidavit having heen made as to the…
2Cases cited1 opinion
- Flanagan v. BrunerTexas Supreme Court · 1853
3Cited by2 opinions
- Chestnutt v. PollardTexas Supreme Court · 1890
- Rankin v. Filburn & IversCourt of Appeals of Texas · 1881