Thomas v. Neel

Opinion by

Davidson, J.

*503§ 291. Judgment by defatdt; cannot be set aside at a subsequent term of court. This suit was originally for the trial of the right of property in the county court of Dallas county. The claimant’s oath and bond to the property were filed in the month of April. On the 12th day of May the case was regularly reached and called for trial. The claimant having failed to put in his appearance and prosecute the suit, a judgment by default was rendered in the case. On the 13th day of May; the day following the judgment by default, the claimant made his motion to set aside said…