Fort Worth Mut. Benev. Ass'n v. Petty

(after stating the facts as above). The mandate was filed in the trial court on May 25, 1926, after the term began on May 17, 1926. A copy of the mandate, with the date of filing in the trial court, was made and forwarded to the defendant on June 1, 1926. The case was regularly called for trial on July 27, 1926, and judgment by default was rendered. The precise Question for decision arising in the special circumstances of the ease is, Could judgment be legally taken at the term of the court at which the mandate was filed? If the defendant was not required to answer, or take the consequence of…