Legal Opinion

Berhns v. Harris

Court of Appeals of Texas

Decided October 17, 1912PublishedCited by 3 opinions

Appeal from Ector County Court; L. M. Wilson, Judge. Action by George Harris against J. O. Berhns. From a default judgment for plaintiff and the refusal of a motion to set aside the default, defendant appeals.

1Opinion of the CourtPeticolas, C. J.

This suit was instituted in the county court of Ector county by George Harris on the 11th day of November, 1911, to recover from J. C. Berhns the sum of.$562.20, an alleged balance due on a sale of cattle made November 30, 1909. Default judgment was rendered against appellant on the 6th day of February, 1912. On February 9, 1912, appellant filed his motion to set aside the judgment by default and have a new trial. This was overruled; hence this appeal. As excusing his failure to answer in the case the appellant in his motion shows that he was served with citation on the 17th day of January,…

2Cases cited4 opinions

  1. Runge v. FranklinTexas Supreme Court · 1889
  2. Holliday v. HollidayTexas Supreme Court · 1889
  3. El Paso & Southwestern Railway Co. v. KelleyTexas Supreme Court · 1905
  4. Knapp v. MillsTexas Supreme Court · 1857

3Cited by3 opinions

  1. First Nat. Bank of Ft. Worth v. HenwoodCourt of Appeals of Texas · 1916
  2. Anderson v. AdamsCourt of Appeals of Texas · 1920
  3. First Nat. Bank of Ft. Worth v. HenwoodCourt of Appeals of Texas · 1916

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