Tarrant County v. Lively
Texas Supreme Court
Appeal from Tarrant. The case ivas tried before Hon. Hat. M. Burford, one of the district judges. James W. Lively sued Tarrant county for $264, the amount contracted to be paid for a transcript of the record of the land office for Tarrant county. Ho answer being filed until the fifth day of the term, judgment was taken by default. But, on the fifth day of the term, an answer and plea in reconvention were filed, before the judgment had been entered on the record.
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Appeal from Tarrant. The case ivas tried before Hon. Hat. M. Burford, one of the district judges. James W. Lively sued Tarrant county for $264, the amount contracted to be paid for a transcript of the record of the land office for Tarrant county. Ho answer being filed until the fifth day of the term, judgment was taken by default. But, on the fifth day of the term, an answer and plea in reconvention were filed, before the judgment had been entered on the record. Defendant’s counsel moved to set aside the judgment, because he “forgot to file the same (answer) on or before the fourth day of the…
1Opinion of the Court
Wheeler, O. J.
—The court did not err in refusing to sot aside the judgment by default. The defendant showed excuse, which can be recognised as of any validity, for the failure to plead in time. (Dowell v. Winters, 20 Tex., 793.)
The judgment by default established the cause of action, and left nothing remaining hut to assess the damages. As the amount was evidenced by writing, there was no necessity for a jury. The rulings of the court upon evidence touching questions which had been established by the default are immaterial, and need not he revised.
There is no error in the judgment, and it is
Af…
2Cases cited1 opinion
- Dowell v. WintersTexas Supreme Court · 1858
3Cited by8 opinions
- Jackson v. Biotectronics, Inc., Texas Court of Appeals, 14th District (Houston)1996
- San Antonio Paper Co. v. MorganCourt of Appeals of Texas · 1932
- Citizens' Bank v. BrandauCourt of Appeals of Texas · 1927
- Milford v. CulpepperCourt of Appeals of Texas · 1931
- Houston v. MusgroveTexas Supreme Court · 1872
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