Johnson v. Dowling

Opinion by

Walker, R. S., P. J.

§ 1090. Judgment by default; effect of; writ of inquiry. A judgment by default admits every averment in the petition except the amount of damages. [4 Tex. 381; 11 Tex. 18; 16 Tex. 549; 17 Tex. 437; 21 Tex. 480.] A writ ■of inquiry to assess damages seems formerly to have been necessary, but under the present jury system, unless a jury is demanded, the judge will determine all necessary facts required to be ascertained in order to assess the ■damages.

§ 1091. Judgment íy defaidt; will be set aside, when. A judgment by default will be set aside, or the judgment…