Howerton v. Luckie

Texas Supreme Court

Howerton v. Luckie

18 Tex. 237

CourtTexas Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by2 cases

This text of 18 Tex. 237 (Howerton v. Luckie) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howerton v. Luckie, 18 Tex. 237 (Tex. 1857).

Pincite

Opinion

Wheeler, J.

The judgment of the Justice is not a judgment by default. It appears to have been rendered upon a trial, in which the plaintiff’s demand was reduced by proof of a set off. The fair deduction is, that the plaintiff in the injunction appeared with his co-defendants before the Justice, [239]*239and made his defence ; and this was a waiver of any objection he might have to the citation and service. Upon the evidence, the Court did not err in dissolving, the injunction and giving judgment for the defendants therein. The judgment is affirmed.

Judgment affirmed.

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Wheeler, J.

The judgment of the Justice is not a judgment by default. It appears to have been rendered upon a trial, in which the plaintiff’s demand was reduced by proof of a set off. The fair deduction is, that the plaintiff in the injunction appeared with his co-defendants before the Justice, [239]*239and made his defence ; and this was a waiver of any objection he might have to the citation and service. Upon the evidence, the Court did not err in dissolving, the injunction and giving judgment for the defendants therein. The judgment is affirmed.

Judgment affirmed.

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Bluebook (online)

18 Tex. 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howerton-v-luckie-tex-1857.

Opinion

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