Scrivner v. Malone

Decided January 15, 1868

Texas Supreme Court · decided 1868-01-15

Error from X)e Witt. The case was tried before Hon. J. J. Holt, one of the district judges. The suit was upon a note for ninety beeves, on which were several credits, acknowledged in the petition, and also for a note of $300, coin, alleged to be given in consideration of one of the credits.

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

How this case has been cited

Cited by 6 later decisions — most recently December 1936

1 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Morrill, C. J.

¶1The plaintiff below obtained judgment upon an instrument i£t writing by default.

¶2The defendant requested the judgment to be set aside, because he had engaged an attorney at law to defend the cause, and the attorney neglected his duty.

¶3If it had appeared that the plaintiff was directly or indirectly implicated in causing the attorney so selected to violate his obligation, we should be bound to set aside the judgment.

¶4But as the plaintiff should not be delayed in consequence of the default of the defendant or his agent, the judgment must be affirmed. It would be a precedent pregnant with mischief, delay, and injustice to suitors in court, if a judgment should be set aside for causes like the one under consideration.

¶5If the attorney'has neglected his duty, the defendant has recourse against him. The judgment is

¶6Aeeirmed.