Cook v. Crawford

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

Error from Ilavris. There was service on the defendant, Gabriel S. Cook, by publication, previous to the Fall Term, 1S47. At the Spring Term, IS 18, there was an entry in the minutes, simply of “judgment by default,” against this defendant. At the Fall Term, 1848, about three weeks after the commencement of the term, there was judgment iinal against hotli defendants.

Cited by 1 later decisions — most recently October 1950

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

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WheeleR, J.

¶1Tho only final judgment which appears was taken long after the fourth day of the term. It was the third term after service by publication, and the second after the passage of the act of 1848, (Hart. Dig’., art. 812,) which authorizes the taking of judgment by default at the second term after service, “ as in other ” that is, after the fourth day of the term, where the defendant does not appear. Judgment was so taken in the present ease, aud it cannot affect its validity that it recited a proceeding which, if it occurred, was merely nugatory. We see no reason to be dissatisfied with the judgment of affirmance heretofore rendered in the cáse,, and are of opinion that the petition aiid proceedings thereupon, in the application for a rehearing, bo set aside.

¶2Ordered accordingly.