Clark v. Compton
Texas Supreme Court
Appeal from Travis. Suit by appellee against William Clark and Jackson Clark, for trespass, cutting timber, &c. Judgment by default, with an order for the empanneling of a jury to assess the damages. The entry of judgment was in the usual form, “ came the parties, by their attorneys,” &c.; verdict for the plaintiff for $250, damages.
Read the full summary
Appeal from Travis. Suit by appellee against William Clark and Jackson Clark, for trespass, cutting timber, &c. Judgment by default, with an order for the empanneling of a jury to assess the damages. The entry of judgment was in the usual form, “ came the parties, by their attorneys,” &c.; verdict for the plaintiff for $250, damages. There was a motion for a new trial, and a statement of facts, from which it appeared that Jackson Clark had cut the timber, and hauled it with his father’s, William Clark’s, team, for one Burdett, whose timbered land lay near by, giving as a reason for not…
1Opinion of the CourtWheeler, J.
A judgment, entered by default, under the Statute, (Hart. Dig. Art. 812,) does not ascertain the amount, and therefore is not final, in the first instance, but becomes a final judgment, when the amount is ascertained and entered on the record. It, however, is final in the first instance, as respects the right of the plaintiff and the liability of the defendant. Nothing remains to make it a final judgment, but to as*33certain the amount. This is done by the Clerk (unless a jury is asked for by one of the parties) when the cause of action is liquidated and proved by writing ; but, if the cause of…
2Cited by6 opinions
- Morgan v. Compugraphic Corp.Texas Supreme Court · 1984
- Jackson v. Biotectronics, Inc., Texas Court of Appeals, 14th District (Houston)1996
- Grinnell v. BebbMichigan Supreme Court · 1901
- Simmons Co. v. SpruillCourt of Appeals of Texas · 1939
- Welch v. HolmesTexas Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.