Nueces Hardware & Implement Co. v. Jecker

Frank decker, defendant in error, brought this suit in the county court of Refugio county, Tex., against the Nueces Hardware & Implement Company, plaintiff in error, to recover a certain sum of money. The petition, the citation, and the sheriff’s return described the plaintiff in error as Nueces Hardware Company. On call day a default judgment was entered against the Nueces Hardware Company. The plaintiff in error, on the same day and .shortly after default judgment was taken, filed a motion to set aside judgment by default; the motion was afterwards amended. Defendant in error replied to…