Counts v. Southwestern Land Co.

This suit was brought by ap1-pellee to recover of appellants commissions alleged to have been earned in the sale of certain real estate. Citation was returned to the August, 1916, term of the county court, at which, time defendant appeared and answered by general denial and special answers, and the case was continued on defendant’s application.- On the first day of the next term of court, to wit, November 20, 1916, appellant secured judgment which is styled on the minutes of the court “judgment by default,” and which, after reciting the appearance of the plaintiff, and that “the defendant,…