H. P. Lau Co. v. Elgas

On. return day, March 3, on application of defendant, an action in justice court, was continued to April. 2, and again to April 22. Upon the last-mertioned date, an order was entered as follows: “April 22, 1908. The court being otherwise engaged, this case continued on the court’s own motion .to April 27, 1908, at-1 p. m.” At 2 o’clock p. m., on April 27, defendant’s default was entered, trial had, and judgment entered. Had the court jurisdiction to enter judgment at that time?

When the record of a justice court shows that jurisdiction has once attached, as in this case, the presumption that…