4 TEX 187 - Burton v. Lawrence

How this case has been cited

Cited by 5 later decisions — most recently October 1947

4 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.

IViieeIjER, J.

¶1Tlie error assigned is that tlie court gave judgment against the plaintiff in error without the. Undiug of a'jnry. ~

¶2In the case of Cartwright v. Roff (1 Tex. R., 78) it was decided that a with-*188cTrawal of the answer by the lefeiiclant and a judgment by ?nZ dwil i~ equivalent toa confession of judgment.

Note 81.-Wheeler v. Pope, 5 T., 262; Little v. Crittenden, 10 T., 192; Townson v. Moore, 13 T., 36; Story v. Nichols, 22 T., 87; Garner v. Burleson, 26 T., 318; Goss v. Pilgrim, 28 T., 263.

¶3The judgment in this case recites that “the defendants, by leave, of the court, withdrew their pleas, and say that they cannot deny the plaintiff's' cause of action against them for debt and interest, in plaintiff’s petition claimed,’’ &c.

¶4Regarding this as in effect a confession of judgment for a sum certain, to be ascertained simply by reference to the petition, there could be no necessity of a jury to ascertain the amount of indebtedness. Tins was ascertained by the confession of the defendant.

¶5The case cannot be distinguished in principle from that of Cartwright v. Roff.

¶6Judgment affirmed.