Parks v. Igo

Court of Appeals of Texas

Parks v. Igo

14 S.W. 1069, 4 Willson 33

CourtCourt of Appeals of Texas

DecidedOctober 26, 1889

DocketNo. 3152

StatusPublished

This text of 14 S.W. 1069 (Parks v. Igo) 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

Parks v. Igo, 14 S.W. 1069, 4 Willson 33 (Tex. Ct. App. 1889).

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Opinion

Opinion by

Willson, J.

§ 11. Appeal from justice's court; judgment by default on, unauthorized in the absence of appearance by, or proper notice to, appellee. Igo recovered judgment against Parks et al. in justice’s court for a less amount than he conceived he was entitled to, and appealed to the county court. At the next term of the county court after said appeal Igo obtained a judgment by default in said cause against said Parks et al. for the full amount of his claim and all costs. Parks et al., at the time of the rendition of said judgment by default, had not entered an appearance in said cause, ‘ nor had they been served with notice of said appeal. We are clearly of the opinion that said judgment by default was unauthorized, and must be set aside. Upon the non-appearance of Parks et al. the cause should have been continued to the next term of the court, they not having been served with notice of the appeal. [Sayles’ Civil St., art. 1639.]

Reversed and remanded.

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Opinion by

Willson, J.

§ 11. Appeal from justice's court; judgment by default on, unauthorized in the absence of appearance by, or proper notice to, appellee. Igo recovered judgment against Parks et al. in justice’s court for a less amount than he conceived he was entitled to, and appealed to the county court. At the next term of the county court after said appeal Igo obtained a judgment by default in said cause against said Parks et al. for the full amount of his claim and all costs. Parks et al., at the time of the rendition of said judgment by default, had not entered an appearance in said cause, ‘ nor had they been served with notice of said appeal. We are clearly of the opinion that said judgment by default was unauthorized, and must be set aside. Upon the non-appearance of Parks et al. the cause should have been continued to the next term of the court, they not having been served with notice of the appeal. [Sayles’ Civil St., art. 1639.]

Reversed and remanded.

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Bluebook (online)

14 S.W. 1069, 4 Willson 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-igo-texapp-1889.