Aldridge v. Mardoff

Citations

• 32 Tex. 204

Syllabus

<p>1—When the maker and. the indorser of a note have been sued in the same action, if the maker dies during the pendency of the suit, the suit abates as to him, and it is not necessary that his administrator be made a party defendant, although his estate remains liable for the debt.</p> <p>3— In such case the plaintiff may proceed to judgment against the indorser alone, and the case is not within the inhibition of Art. 1449 of Paschal’s Digest, which provides that no judgment shall he rendered against an indorser unless, at the same time, judgment he also rendered against the principal, except in cases where the principal resides beyond the limits of the State, or is insolvent.</p> <p>8—A statute must he so construed as to give effect, if possible, to each and all of its provisions.</p> <p>4— A motion to set aside a judgment by default must show that essential injustice has been done the defendant, and that he has a meritorious defense.</p> <p>5— Mere technical defenses are entitled to no indulgence. The rules of practice will not be relaxed in their favor. '</p> <p>(i—It is matter of discretion in the court below whether it will entertain a motion for a new trial which was entered after the lapse of two days after judgment was rendered, and its exercise of that discretion will not be revised by this court.</p>