Field & Co. v. Fowler
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. This was an appeal prosecuted by Geo. W. Jackson, who was one of the sureties on a claimant’s bond executed by Field & Co., to re-verso a judgment rendered against him on the bond by default, on the 7th day of December, A. D. 1883. In the spring of 1883, a writ of execution was issued out of the district court of McLennan county, Texas, in cause Ho. 3842 on the docket of said court, in favor of Tilman F. Fowler…
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. This was an appeal prosecuted by Geo. W. Jackson, who was one of the sureties on a claimant’s bond executed by Field & Co., to re-verso a judgment rendered against him on the bond by default, on the 7th day of December, A. D. 1883. In the spring of 1883, a writ of execution was issued out of the district court of McLennan county, Texas, in cause Ho. 3842 on the docket of said court, in favor of Tilman F. Fowler v. C. P. Field. By virtue of this writ the sheriff of McLennan county, on the 25th of April, 1883, levied upon and took…
1Opinion of the Court
Willie, Chief Justice.
Our Revised Statutes provide that, when a plaintiff in an action for the trial of the right of property appears, and the defendant fails to appear, or neglects or refuses to join issue under the direction of the court within the time prescribed for pleading, the plaintiff shall have judgment by default as in other cases. Art. 4385. The result of this provision is to give to an appearance by the defendant all the effect of a plea in an ordinary case in preventing a judgment by default until such time as he shall refuse to join issue under the direction of the court.
How…
2Cited by10 opinions
- Jackson v. Pure Oil Operating Co.Court of Appeals of Texas · 1919
- Sunshine Bus Lines, Inc. v. CraddockCourt of Appeals of Texas · 1937
- Borger v. Mineral Wells Clay Products Co.Court of Appeals of Texas · 1935
- Continental Oil & Gas Production Co. v. AustinCourt of Appeals of Texas · 1926
- THOMAS v. SMITHCourt of Appeals of Texas · 1933
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