Griffin v. Browne

PEDEN, Justice.

Petition for writ of error to set aside a default judgment. The facts are not in dispute.

The appellant’s only point of error is that the trial court should not have entered a default judgment against him at a time when the record reflects that he had an answer on file.

Appellee’s position is that appellant failed to use due diligence in obtaining correction of a judicial error while the trial court had authority to correct it, so he could not thereafter obtain relief by writ of error.

Appellee brought suit on a promissory note for $5,000 plus interest and attorney’s fees. The…