Atchison v. Owen
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. W. D. Wood. D. D. Atchison brought this suit against John H. Owen, appellee and defendant in the' court below, on the 6th day of December, 1879, to recover one thousand acres of land of the west half of the league of land originally granted to Daniel Arnold, described by metes and bounds in the petition, and for damages and rent of the land, as alleged in the petition, which was in the form of trespass to try title.
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Appeal from Grimes. Tried below before the Hon. W. D. Wood. D. D. Atchison brought this suit against John H. Owen, appellee and defendant in the' court below, on the 6th day of December, 1879, to recover one thousand acres of land of the west half of the league of land originally granted to Daniel Arnold, described by metes and bounds in the petition, and for damages and rent of the land, as alleged in the petition, which was in the form of trespass to try title. At the May term defendant neglected to file an answer, and plaintiff took judgment by default. The defendant filed a motion to set…
1Opinion of the Court
Delany, J. Com. App.
Hany of the assignments of error are so vague and indefinite that we do not feel called upon to notice them. The first three relate to the action of the court in setting aside the judgment by default. We see no error in the ruling of the court. There does not appear to have been any negligence on the part of the defendant or his counsel. It seems highly probable, from the circumstances, that an answer had been actually filed and had been mislaid. At all events counsel for the defendant had good reason to believe that the case would not be called in his absence.
The fourth…
2Cases cited3 opinions
- Allen v. StephanusTexas Supreme Court · 1857
- Grimes v. HobsonTexas Supreme Court · 1877
- Dangerfield v. PaschalTexas Supreme Court · 1857
3Cited by3 opinions
- Méndez v. MartínezSupreme Court of Puerto Rico · 1916
- Lee v. Texas & New Orleans RailroadCourt of Appeals of Texas · 1900
- Méndez v. MartínezSupreme Court of Puerto Rico · 1916