Dowell v. Winters
Texas Supreme Court
Error from Brazoria. Tried below before the Hon. James H. Bell. Suit by defendant in error against Greenville Dowell, Sarah L. Dowell his wife, and John M. Prewitt, on a promissory note, and to foreclose a mortgage, or deed of trust, given to secure the same, commenced February 26th, 1857. Citation served on Greenville Dowell, in Harris county, March 11th, 1857. Service accepted by Prewitt, who was trustee and merely a nominal party. Ho service on Mrs. Dowell.
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Error from Brazoria. Tried below before the Hon. James H. Bell. Suit by defendant in error against Greenville Dowell, Sarah L. Dowell his wife, and John M. Prewitt, on a promissory note, and to foreclose a mortgage, or deed of trust, given to secure the same, commenced February 26th, 1857. Citation served on Greenville Dowell, in Harris county, March 11th, 1857. Service accepted by Prewitt, who was trustee and merely a nominal party. Ho service on Mrs. Dowell. It appeared by bill of exceptions, that on the 10th of April, 1857, the 5th day of the Term, said case being called, plaintiff…
1Opinion of the CourtWheeler, J.
It is quite too clear for argument, that the petition in a suit against the plaintiff and another, and the prayer therein for an injunction to stay proceedings in this suit, was no answer to the action, and interposed no impediment to the rendition of the judgment by default, for the want of an answer.
The only question upon which there is cause to hesitate, is, whether, upon the affidavit of the attorney, to the effect that it *797was not his intention to suffer judgment to go by default, and that he had failed to file his answer under the mistaken belief that the petition for an injunction would…
2Cited by49 opinions
- Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
- Ivy v. CarrellTexas Supreme Court · 1966
- Bank One, Texas, N.A. v. MoodyTexas Supreme Court · 1992
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- Knie v. Piskun, Texas Court of Appeals, 7th District (Amarillo)2000
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