Burton v. Lawrence
Texas Supreme Court
Error from Houston. This suit was brought by the' defendant in error against the plaintiff in error and others upon a bond ill tlie penal sum of $5,600, conditioned for tlie delivery of certain slaves, the payment of their hire, and the incurring of other expenses in furnishing clothing for the slaves and paying taxes upon them, &e.
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Error from Houston. This suit was brought by the' defendant in error against the plaintiff in error and others upon a bond ill tlie penal sum of $5,600, conditioned for tlie delivery of certain slaves, the payment of their hire, and the incurring of other expenses in furnishing clothing for the slaves and paying taxes upon them, &e. The breach assigned was the non-payment of the hire of tlie negroes, alleged to lie of the value of $214.90, and the non-payment of .taxes upon them, amounting to $7.90, which sums tlie plaintiff alleged were unpaid, with tlie exception of $85, the receipt of…
1Opinion of the CourtIViieeIjER, J.
Tlie error assigned is that tlie court gave judgment against the plaintiff in error without the. Undiug of a'jnry. ~
In the case of Cartwright v. Roff (1 Tex. R., 78) it was decided that a with-*188cTrawal of the answer by the lefeiiclant and a judgment by ?nZ dwil i~ equivalent toa confession of judgment.
Note 81.-Wheeler v. Pope, 5 T., 262; Little v. Crittenden, 10 T., 192; Townson v. Moore, 13 T., 36; Story v. Nichols, 22 T., 87; Garner v. Burleson, 26 T., 318; Goss v. Pilgrim, 28 T., 263.
The judgment in this case recites that “the defendants, by leave, of the court, withdrew their pleas, and…
2Cited by10 opinions
- Stone v. PhillipsTexas Supreme Court · 1944
- Oliver v. RobertsonTexas Supreme Court · 1874
- King v. BruceTexas Supreme Court · 1947
- Tasher v. Foster Lumber Co.Court of Appeals of Texas · 1947
- Sanders v. HartCourt of Appeals of Texas · 1943
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