Legal Opinion

Schultz v. Burk

Court of Appeals of Texas

Decided January 17, 1921No. 621PublishedCited by 10 opinions

Appeal from Nacogdoches County Court; J. M. Marshall, Judge. Suit by R. B. Burk'against Frank Schultz, wherein judgment was rendered by default against defendant, and from judgment refusing to set it aside he appeals.

1Opinion of the CourtHightower, C. J.

This is an appeal from a judgment of the county court of Na-cogdoches county refusing to set aside a personal judgment rendered by default against appellant in favor of the appellee.

On November 21, 1919, the appellee, R. E. Burk, filed this suit against appellant, Frank Schultz, in the county court of Nacogdoches county, on a verified open account in the aggregate amount of $424.03, together with interest thereon. It was alleged by the ap-pellee in his petition that $286.38 of the amount sued for was chargeable to appellant as for his personal account, and that $137.65 of the amount was…

2Cases cited3 opinions

  1. Watts v. BruceCourt of Appeals of Texas · 1903
  2. Missouri, Kansas & Texas Railroad v. DavidsonCourt of Appeals of Texas · 1901
  3. Texas Fire Insurance v. BerryCourt of Appeals of Texas · 1903

3Cited by10 opinions

  1. St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
  2. Citizens' Bank v. BrandauCourt of Appeals of Texas · 1927
  3. Hall v. KynerdCourt of Appeals of Texas · 1936
  4. Smith v. BiggersCourt of Appeals of Texas · 1931
  5. Dempsey v. GibsonCourt of Appeals of Texas · 1936

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