Legal Opinion

Landers v. City of Austin

Court of Appeals of Texas

Decided November 18, 1925No. 6935PublishedCited by 2 opinions

1Opinion of the CourtMcClendon, C. J.

The only grounds of review of the trial court’s judgment urged in this appeal are those which question the propriety of an order setting aside a judgment by default. The order complained of was made at the same term of court at which the default judgment was entered; and the authorities in this state are clear to the effect that the trial court has the power, whether or. not good or adequate cause therefor is shown, to set aside a default judgment or grant a new trial during the term at which the judgment is rendered. The discretion lodged in the trial court in this regard is not subject to…

2Cases cited5 opinions

  1. Lawther Grain Co. v. WinnifordTexas Commission of Appeals · 1923
  2. Goss v. McClarenTexas Supreme Court · 1856
  3. El Paso & Southwestern Railway Co. v. KelleyTexas Supreme Court · 1905
  4. M. Cohen v. Minor MooreTexas Supreme Court · 1907
  5. Sweeney v. JarvisTexas Supreme Court · 1851

3Cited by2 opinions

  1. McCook v. Amarada Petroleum Corp.Court of Appeals of Texas · 1936
  2. Simpson v. GlennCourt of Appeals of Texas · 1937

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