Lessing v. Gilbert
Court of Appeals of Texas
Error from McLennan. Tried below before Hon. L. W. Goodrich. 1. To warrant or authorize a judgment by agreement, the agreement upon which it rests must be in writing and filed in the cause before such judgment can be rendered, and the same must be before the court for inspection, otherwise the presumption will be that the judgment was rendered without such agreement.
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Error from McLennan. Tried below before Hon. L. W. Goodrich. 1. To warrant or authorize a judgment by agreement, the agreement upon which it rests must be in writing and filed in the cause before such judgment can be rendered, and the same must be before the court for inspection, otherwise the presumption will be that the judgment was rendered without such agreement. Rule 47 for the District Courts. 2. A judgment purporting to be rendered in pursuance of an agreement must stand alone as a judgment by agreement, and when it appears from the record that at the time of rendition of judgment no…
1Opinion of the Court
COLLARD, Associate Justice.
This suit was brought in the District Court of McLennan County, July 7, 1891, by defendant in error against plaintiff in error, on two vendor lien notes. December 20, 1891, defendant below answered, setting np that the notes sued on were given as part payment of land described in the petition, conveyed by plaintiff’s warranty deed; that an action had been brought against him to recover a part of the land, of the value of $600, which suit was still pending, and that he was in imminent peril of eviction by the suit; that plaintiff was a nonresident and owned no…
2Cases cited3 opinions
- Holman v. Chevaillier's Adm'rTexas Supreme Court · 1855
- Snider v. MethvinTexas Supreme Court · 1883
- State v. CassTexas Supreme Court · 1874
3Cited by10 opinions
- Standard Fire Insurance Co. v. Christy Jean Wand LaCokeTexas Supreme Court · 1979
- Texas Indemnity Ins. Co. v. WilliamsonCourt of Appeals of Texas · 1933
- American Exch. Nat. Bank of Dallas v. Colonial Trust Co.Court of Appeals of Texas · 1916
- Blackburn v. State Ex Rel. EcholsCourt of Appeals of Texas · 1934
- Sun Lumber Co. v. Huttig Sash & Door Co.Court of Appeals of Texas · 1931
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