Legal Opinion
Jackson v. Birk
Court of Appeals of Texas
Decided April 26, 1935No. 13157PublishedCited by 10 opinions
1Opinion of the Court
LATTIMORE, Justice.
Plaintiff in error, being sued, filed no answer on appearance day, September 5, 1933. George Smoot filed a document which he styled a motion to quash the citation and which he signed as amicus curi®. He called this motion to the court’s attention, but the court declined to act on it at that time, whereupon the amicus requested the court to make entry of the filing of such motion on the trial docket, which was done.
Nothing further was done in the cause until a Saturday in November, 1933, when plaintiff’s attorney appeared and asked judgment by default, which was granted, and…
2Cases cited5 opinions
- Jones v. City of JeffersonTexas Supreme Court · 1886
- Moseby v. BurrowTexas Supreme Court · 1880
- Andrews v. BeckTexas Supreme Court · 1859
- State v. Jefferson Iron Co.Texas Supreme Court · 1883
- Carlton v. MaynerCourt of Appeals of Texas · 1907
3Cited by10 opinions
- Burger v. BurgerTexas Supreme Court · 1957
- Jackson v. BirkCourt of Appeals of Texas · 1935
- Burger v. BurgerCourt of Appeals of Texas · 1956
- Jim Herbert Hamilton Jr. v. Brad Livingston, Eric R. Johnston, Matt Barber, Lincoln Clark, and Norma J. Perez, Texas Court of Appeals, 13th District2014
- Jim Herbert Hamilton Jr. v. Emil Pechacek, Texas Court of Appeals, 2nd District (Fort Worth)2014
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