Grier v. Powell
Texas Supreme Court
Error from Harrison. The appellant being sued by the appellees, on a promissory note, “ withdrew his answer and said nothing in bar or preclusion of plaintiffs’ demand.” There was an error of 70 cents in the computation of the amount of the judgment.
1Opinion of the CourtWheeler, J.
Repeated decisions of this Court have settled, that where the defendant withdraws his answer and suffers judgment to go against him for the want of an answer, it is equivalent to a confession of judgment. And it is equally well settled, that error will not lie to revise the errors in a judgment rendered by confession. On general principles, therefore, it is clear, this Court would not revise, on error, a judgment of the character of the present, and would only look into the judgment for the purpose of exercising our jurisdiction in giving or refusing damages. But, where there is an error or…
2Cited by9 opinions
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Cannon v. WillisCourt of Appeals of Texas · 1939
- Ellis v. National City Bank of WacoCourt of Appeals of Texas · 1906
- Grand Lodge Brotherhood of Railroad Trainmen v. WareCourt of Appeals of Texas · 1934
- Stanford v. ChamblissCourt of Appeals of Texas · 1940
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