Steger Lumber Co. v. McSwain
Court of Appeals of Texas
Appeal from Fannin. County Court; S. F. Leslie, Judge. Action by Mrs. E. G. MeSwain and others against the Steger Lumber Company, a corporation. From a judgment for plaintiffs, defendant appeals. The Steger Lumber Company, a corporation, filed suit on June 17, 1914, against H. M. Curtis, Shelby Hudson, and Mrs. E. G. MeSwain, doing business as partners, for a balance of $216.77 due on account.
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Appeal from Fannin. County Court; S. F. Leslie, Judge. Action by Mrs. E. G. MeSwain and others against the Steger Lumber Company, a corporation. From a judgment for plaintiffs, defendant appeals. The Steger Lumber Company, a corporation, filed suit on June 17, 1914, against H. M. Curtis, Shelby Hudson, and Mrs. E. G. MeSwain, doing business as partners, for a balance of $216.77 due on account. After the regular service of citation on the defendants, and at the regular term of court on July 7, 1914, plaintiff took a judgment by default against the defendants for $91.70, with interest from date…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The proceeding in the instant case is by in-tendment in the nature of a bill in equity, wherein appellees are, according to the aver-ments, merely seeking to be relieved against a judgment taken at a former term of court, in violation of a previous compromise agreement and settlement by payment, after suit and before judgment, of the debt sued on in such suit. And the evidence conclusively shows that subsequent to the rendition of the judgment complained of, and nearly four months before the institution of the present proceedings, the judgment had been…
2Cases cited10 opinions
- Cleveland v. TuftsTexas Supreme Court · 1888
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Patterson v. KeeneyCalifornia Supreme Court · 1913
- Chambliss v. HassSupreme Court of Iowa · 1904
- American Surety Co. v. BernsteinTexas Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Perez v. GeorgeCourt of Appeals of Texas · 1963