1875.] KING v. GOODSON. 81
Opinion of the court.
of judgment should have been sustained, and for the error
of the court therein, the judgment is reversed and cause
REVERSED AND REMANDED.
JAMES KING v. W. J. GOODSON & Co.
1. WHEN A SECOND JUDGMENT BY DEFAULT MAY BE TAKEN, AND
THE FIRST SET ASIDE WITHOUT NOTICE TO DEFENDANT.-B obtained
judgment by default against C in a suit on a promissory note
which sought the enforcement of a vendor's lien. At the same term,
on B's application, tie judgment was set aside without notice to C,
and after an amendment by B, of which C was not notified, more
carefully describing the property on which the lien was sought, a
second judgment by default was obtained enforcing the lien: Held,
that since the original petition sufficiently described the property,
there was no error.
W. WHEN SERVICE OF AN AMENDMENT NOT REQUIRED.--W11Cn the object
of an amendment is merely to cure a defective statement, or to
give form to what was before informal, or the like, no service of the
amendment on the defendant is necessary.
ERROR from Hopkins. Tried below before the Hon. W.
V. C. Loving, for plaintiff in error.
Jones . Henry, for defendants in error.
ROBERTS, CHIEF JUSTICE.-Suit was brought on a note
which showed on its face that it was given for the purchase
money of one-third of an undivided half interest in a lot
and appurtenances in the town of Sulphur Springs. The
petition adds to the description of the lot by alleging it to
be east of and adjoining to the lot on which is situated the
Baptist church; that the steam mill and other structures
therein named are situated on the lot for which the note
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed December 29, 2014.