Tarrant County v. Lively

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

The case ivas tried before Hon. Hat. M. Burford, one of the district judges. James W. Lively sued Tarrant county for $264, the amount contracted to be paid for a transcript of the record of the land office for Tarrant county. Ho answer being filed until the fifth day of the term, judgment was taken by default. But, on the fifth day of the term, an answer and plea in reconvention were filed, before the judgment had been entered on the record.

Cited by 1 later decisions — most recently December 1996

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-10-15

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Wheeler, O. J.

¶1—The court did not err in refusing to sot aside the judgment by default. The defendant showed excuse, which can be recognised as of any validity, for the failure to plead in time. (Dowell v. Winters, 20 Tex., 793.)

¶2The judgment by default established the cause of action, and left nothing remaining hut to assess the damages. As the amount was evidenced by writing, there was no necessity for a jury. The rulings of the court upon evidence touching questions which had been established by the default are immaterial, and need not he revised.

¶3There is no error in the judgment, and it is

¶4Affirmed.