Lockhart v. Bowles

Court of Appeals of Texas

Lockhart v. Bowles

1 White & W. 146

CourtCourt of Appeals of Texas

DecidedJune 15, 1878

DocketNo. 509, Op. Book No. 1, p. 651

StatusPublished

This text of 1 White & W. 146 (Lockhart v. Bowles) 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

Lockhart v. Bowles, 1 White & W. 146 (Tex. Ct. App. 1878).

Pincite

Opinion

Opinion by

Ector, P. J.

§ 844. Judgment by default; garnishment. It is error to render judgment by default when a plea is on file, even if the plea is defective. An insufficient or defective answer should be excepted to so that proper amendment may be made. If not excepted to, the irregularity -will be deemed waived. The failure to call the garnishee before rendering judgment by default vitiates the judgment. [Culbertson v. Ellison, 20 Tex. 102.]

Beversed and remanded.

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Opinion by

Ector, P. J.

§ 844. Judgment by default; garnishment. It is error to render judgment by default when a plea is on file, even if the plea is defective. An insufficient or defective answer should be excepted to so that proper amendment may be made. If not excepted to, the irregularity -will be deemed waived. The failure to call the garnishee before rendering judgment by default vitiates the judgment. [Culbertson v. Ellison, 20 Tex. 102.]

Beversed and remanded.

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Bluebook (online)

1 White & W. 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockhart-v-bowles-texapp-1878.