Heath v. Fraley
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. July 14, 1877, John W. Fraley and his wife, Mary Emma Fraley, brought suit against John Heath, in the District Court of Kaufman county, on a promissory note. August 14, 1877, citation issued to Heath, requiring him “ to answer the petition of John W. Fraley and wife.” The citation in other respects wqs regular. Judgment final by default was rendered October 12,1877, for $3,195.10 and costs, for plaintiffs.
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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. July 14, 1877, John W. Fraley and his wife, Mary Emma Fraley, brought suit against John Heath, in the District Court of Kaufman county, on a promissory note. August 14, 1877, citation issued to Heath, requiring him “ to answer the petition of John W. Fraley and wife.” The citation in other respects wqs regular. Judgment final by default was rendered October 12,1877, for $3,195.10 and costs, for plaintiffs. On the same day defendant filed his motion to set aside the judgment by default and in arrest of judgment. The grounds…
1Opinion of the Court
Moore, Chief Justice.
Some of the matters suggested in the motion in arrest of judgment, if properly presented and proved, might be a valid defense, in whole or in part, to the plaintiff’s action; but certainly they furnish no ground for arrest of judgment. Hor can we say that the court erred in overruling appellant’s application to set aside the judgment by default; for a man too old and infirm to ride ten miles to court without having to stop twice on the way to rest, or to be able to get to court before its usual time of meeting in the morning, though he started at daylight, who takes no…
2Cases cited1 opinion
- Norvell v. GarthwaiteTexas Supreme Court · 1860
3Cited by11 opinions
- Stum v. StumCourt of Appeals of Texas · 1992
- Higgins v. ShepardCourt of Appeals of Texas · 1908
- Delaware Western Construction Co. v. Farmers & Merchants National BankCourt of Appeals of Texas · 1903
- Keller v. KellerCourt of Appeals of Texas · 1911
- Temple Lumber Co. v. McDanielCourt of Appeals of Texas · 1930
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