Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 65
The following text was automatically extracted from the image on this page using optical character recognition software:
1884.] FIELD & Co. v. FowLEr. 65
WILLIE, CIIImE JUSTvrc.-The term of the court at which this
cause was tried adjourned on the 8th day of November, 1883. The
statement of facts was made out, signed and filed on the 10th day
of the same month. There was no order of court made, so far as
the transcript shows, allowing the statement of facts to be filed after
the adjournment of court for the term. Under the frequent decisions
of this court firmly settling the practice on that subject in
accordance with the provisions of our Revised 'Statutes, the statement
of facts cannot be taken into consideration. All the assignments
of error refer to the charges of the court, and these cannot
be revised without a statement of facts, unless they were so clearly
against law as to be erroneous under any state of case that could
possibly arise under the pleadings of the parties. So far from this
being the case in the present instance, the charge seems a pretty
fair exposition of the law upon the questions of which it treats, and
in the state of the record as we are authorized to consider it, shows
no error for which the judgment below should be reversed. It is
therefore affirmed. See Ross v. McGowen, 58 Tex., 603; R. R. Co.
v. McAllister, 59 Tex., 349; Lanier v. Perryman, 59 Tex., 105;
Trewitt v. Blundell, id., 253.
[Opinion delivered June 24, 1884.]
FIELD & Co. v. T. F. FOWLER.
(Case No. 5229.)
1. PLEADING--TRIAL OF RIGHT OF PROPERTY.--Under art. 4385, R. S., the ap--
'pearance of the defendant entered on the minutes of the court, in an action
for the trial of the right of property, whether such appearance be made in,
person or by attorney, has all the effect of an answer in preventing a judg--
ment by default, until he refuses to join issub under the directions of the
2. SAME.- The effect of such an entry of appearance continues, after the attorney
withdraws from the case, so long as no order is entered setting the appearance
aside, until the defendant refuses to join issue in the time prescribed
by the court.
3. PRACTICE AGREEMENT OF COUNSEL- JUDGMENT BY DEFAULT.- A party
to an action for the trial of the right of property, whose attorney after entering
an appearance had abandoned the case before pleading, received from
the attorney of the opposing party the promise that, under the circumstances,
he would take no action in the case without notifying.him. He was
notified, but the notice was so short that he could not reach the court-house
in time to prevent a judgment against him. Held, that the judgment by
defallt should have been set aside, and this, though it was taken on the application
of the partner of the attorney who had promised to give notice,
VOL. LXII - 5
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/87/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .