McGinnis v. Scheer

Atkinson, Justice.

1. If during pendency of a suit in a justice’s court ■ and before the date of trial the plaintiff’s attorney informs the defendant “that said summons and case had been abandoned and that it was not necessary for him to file any plea or answer and that there would be no trial of said case, and that said case would be dismissed by him,” and thereby lulls the defendant into inaction causing him to fail to make his defense of payment of the plaintiff’s demand, and, no defense having been made, a judgment is rendered in favor of the plaintiff, the defendant may thereafter…