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31 Tex. 602

Schroeder v. Fromme

Texas Supreme Court

Decided January 15, 1869

Texas Supreme Court · decided 1869-01-15

Error from Harris. The case was tried before Hon. Benjamin Shropshire, one of the district judges. The suit was by John Fromme against Schroeder upon a note. The defendant pleaded a substantial defense. “ By agreement” the judgment was rendered. Fromme having died, judgment was revived in the name of his widow, under the statute. She afterwards married Bode. Schroeder denied that he consented to this judgment, but said that it was rendered without his knowledge.

Cited by 2 later decisions — most recently December 1911

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-01-15

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Morrill, C. J.

¶1—The petition was filed November 7, 1865; citation issued November 15, 1865; citation served November 16, 1865; defendant’s answer filed November 30,1865; Judgment, May 15,1867. The amount claimed was $1,800; the judgment was $475. Such is an abstract of the case, as it appears from the record.

¶2Appellant assigns as error, that the judgment is erroneous, because it is-an agreed judgment, and the justness of the debt is not sworn to.

¶3It is supposed that appellant relies upon the statute, (Paschal’s Dig., Art. 1477,) which provides that any person, for a bona fide debt, may, without process, appear in person or by attorney and confess judgment for such debt; but in such cases a petition shall always be filed, and the justness *604of the debt sworn to by the person in whose favor the judgment is confessed, and, when confessed by attorney, the warrant of attorney shall be filed.

¶4It is obvious that the object of this statute was to prevent a party against whom a suit might be pending, or for any other cause, from fraudulently using the courts to conceal his property.

¶5The statute has no reference to cases where the parly is regularly cited, but only to such cases as have a voluntary appearance without process. In this case the petition was filed and process had eighteen months before the judgment.

¶6We see no cause for the writ of error, but, as it is possible the plaintiff considered the judgment erroneous, it is simply affirmed without damages.

¶7Judgment aeeirmed.

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