Campbell v. Beckwith
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. Thos. H„ BuVal. The entry of judgment did not conclude with the usual order, “ for which let execution issue from which It might he inferred that the Court below did not consider the judgment final. But it does not appear that even an interlocutory judgment by default would be proper in such a case. Execution had issued.
1Opinion of the Court
Hemphill, Ch. J.
This was a suit by an endorsee against the maker and indorsers of a promissory note. The defendants were served with process, and the maker appeared and filed a general denial. The endorsers, who are the plaintiffs in error, made default, and judgment final was entered against them, but no judgment was taken against the maker. The indorsers sued out this writ of error, and assign, in substance, that there was error in rendering judgment against them, without at the same time taking judgment against the principal, or maker of the note.
*440There can be no question of the validity of…
2Cited by1 opinion
- Douthit v. Martin & Bro.Court of Appeals of Texas · 1897