Eubanks v. State

BAUGH, Justice.

Appeal is from a default judgment in favor of the State against Eubanks for $5,000 statutory penalties, assessed under the provisions of Sec. 19, Art. 6053, Vernon’s Ann.Civ.St., as amended by the 49th Legislature in 1945.

Judgment was taken on January 10, 1946. On that day appellant’s attorney mailed at Houston, Texas, to the District Clerk of Travis County, an answer to the State’s petition. Because of the intervening week-end, said answer was not received by said Clerk until Monday, January 13. Appellant thereafter, on January 17, filed a motion to set aside the default…