Burton v. Varnell
Texas Supreme Court
E n'or from Houston. This suit was brought by the defendant in error against tho plaintiff in error as the. maker and one James Burton as the indorser of a promissory note. There did not appear to have been any service upon James Burton, nor did there appear from the record to have been any flual disposition of the case as to him. The defendant, John J. Burton, appeared and confessed judgment, with a stay of execution, and subsequently prosecuted this writ of error.
1Opinion of the Court
Wheeler. J.
It is objected that the court gave judgment final against the plaintiff in error without at the same time making a final disposition of the case as to his co-defendant.
In support of this objection we are referred to the 47th section of the act of 1840 to regulate proceedings in the District Courts, (p. 370, sec. 47.) which provides that: “Where there are several defendants in a suit, and some of them appear and answer, and others make default, an interlocutory judgment by default may he entered against those who do not answer, and the cause may proceed against the others; but only…
2Cited by11 opinions
- Wootters v. KauffmanTexas Supreme Court · 1887
- Gullett v. O'ConnorTexas Supreme Court · 1881
- Burton Lingo Co. v. First Baptist Church of AbileneTexas Commission of Appeals · 1920
- Wilson v. SmithCourt of Appeals of Texas · 1897
- Porter v. Pecos & Northern Texas Railway Co.Court of Appeals of Texas · 1909
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