Legal Opinion

Southwest Nat. Bank of Dallas v. Cates

Court of Appeals of Texas

Decided March 13, 1924No. 58Published

Error from District Court, Bosque County; Irwin T. Ward, Judge. Suit by H. C. Cates against the Southwest National Bank of Dallas. Judgment for plaintiff, and defendant brings error.

1Opinion

On Motion for Rehearing.

The appellant has filed a very exhaustive and able motion for rehearing, and contends that the court was in error in holding that the record was sufficient' to show either service on or appearance by appellant in trial court.

[6] We have carefully read the motion and the authorities cited by appellant, but cannot agree with its contention. Under appellant’s motion to dissolve the injunction, all the issues raised by appellee’s petition could have been determined. A general appearance is entered whenever the defendant in the trial court invokes the judgment of the court…

2Cases cited6 opinions

  1. York v. StateTexas Supreme Court · 1889
  2. St. Louis & San Francisco Railroad v. HaleTexas Supreme Court · 1918
  3. Gulf, Colorado & Santa Fe Railway Co. v. LemonsTexas Supreme Court · 1918
  4. Guaranty State Bank & Trust Co. v. ThompsonCourt of Appeals of Texas · 1917
  5. Arnold v. PikeCourt of Appeals of Texas · 1917

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