Cook v. Hancock
Texas Supreme Court
Error from Travis. Tried below before the Hon. Thomas H. DuVaL Suit by defendant in error against plaintiff in error on two promissory notes. Defendant denied all and singular, &c. The notes were copied in the petition.
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Error from Travis. Tried below before the Hon. Thomas H. DuVaL Suit by defendant in error against plaintiff in error on two promissory notes. Defendant denied all and singular, &c. The notes were copied in the petition. The entry of judgment read as follows: And now come the parties by attorney, and announce themselves ready for trial, and waiving a jury, submit the cause to the judgment of the Court; and it appearing that, upon inspection of the pleadings by the Court, the Court rendered a judgment for the plaintiff, it is ordered that the plaintiff recover of the defendant, A. H. Cook, the…
1Opinion of the CourtRoberts, J.
To the first assignment of error defendant objects : first, that the general denial, which was the only plea in the record inspected by the Court, is a nullity, and that therefore the entry is correct; and secondly, that the recital is unnecessary, and merely surplusage.
Believing the last objection to be well founded, it is unnecessary to discuss the first. The recital shows that the finding of the Court upon the issue submitted was for the plaintiff. That the Court arrived at that determination “ upon an inspection of the pleadings” alone, cannot be seriously entertained. It is a merely idle…
2Cited by7 opinions
- Williams v. TookeCourt of Appeals of Texas · 1938
- State Ex Rel. Burkett v. Town of ClydeCourt of Appeals of Texas · 1929
- Dowdle v. United States Fidelity & Guaranty Co.Texas Commission of Appeals · 1923
- Bovard v. BovardMissouri Court of Appeals · 1939
- Shelton v. LandersSupreme Court of Arkansas · 1925
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