Scrivner v. Malone
Texas Supreme Court
Error from X)e "Witt. The case was tried before Hon. J. J. Holt, one of the district judges. The suit was upon a note for ninety beeves, on which were several credits, acknowledged in the petition, and also for a note of $300, coin, alleged to be given in consideration of one of the credits.
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Error from X)e "Witt. The case was tried before Hon. J. J. Holt, one of the district judges. The suit was upon a note for ninety beeves, on which were several credits, acknowledged in the petition, and also for a note of $300, coin, alleged to be given in consideration of one of the credits. The defendants having made default, there was a judgment by default and writ of inquiry; and before the execution of the writ the defendant made a showing that he had spoken to counsel to defend, and asked to set the default aside; but the jury proceeded and assessed the damages. The defendants moved for…
1Opinion of the CourtMorrill, C. J.
The plaintiff below obtained judgment upon an instrument i£t writing by default.
The defendant requested the judgment to be set aside, because he had engaged an attorney at law to defend the cause, and the attorney neglected his duty.
If it had appeared that the plaintiff was directly or indirectly implicated in causing the attorney so selected to violate his obligation, we should be bound to set aside the judgment.
But as the plaintiff should not be delayed in consequence of the default of the defendant or his agent, the judgment must be affirmed. It would be a precedent pregnant with mischief,…
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