Heard v. J. & C. Drilling Co.

124 S.W.2d 866
CourtCourt of Appeals of Texas
DecidedFebruary 1, 1939
DocketNo. 10433.
StatusPublished

This text of 124 S.W.2d 866 (Heard v. J. & C. Drilling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heard v. J. & C. Drilling Co., 124 S.W.2d 866 (Tex. Ct. App. 1939).

Opinion

SLATTON, Justice.

A judgment by default was taken in the County Court of Refugio County, against J. W. Heard, upon a citation which summoned him to appear before the court “at the next regular term thereof to be holden at the court house in Refugio, Texas, the fourth Monday in September, A. D. 1937, same being the 20th day of September, A. D. 1937,” from which judgment Heard prosecutes this writ of error.

The date described in the citation being an impossible one, the default judgment rendered thereon is null and void. Art. 2022, R.C.S.192S; Martinez et al. v. Watson, Tex.Civ.App., 21 S.W.2d 54, and authorities therein cited.

The judgment is reversed and the cause remanded.

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Related

Martinez v. Watson
21 S.W.2d 54 (Court of Appeals of Texas, 1929)

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Bluebook (online)
124 S.W.2d 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heard-v-j-c-drilling-co-texapp-1939.