White v. Johnson, Cook & Murray

STEPHENS, Associate Justice.

The failure of appellant to appear and plead in the Justice Court did not deprive him of the right to rely on a general denial in the County Court. Bail way v. Jones, 23 S. W. Bep., 424. The law, in effect', interposed a general denial for him in the Justice Court by requiring plaintiffs to prove their case, notwithstanding his failure to appear. Bev. Stats., art. 1578. No reason is perceived why he should be denied such a defense on appeal in the County Court, where the trial is de nova. This conclusion leads to a reversal of the judgment.

Delivered December 13,…