Boles v. Linthicum

Citations

• 48 Tex. 220

Syllabus

<p>1. Judgment by default.—Judgment final by default against one of several defendants, cannot be entered until the disposition of the case as to the others.</p> <p>2. Statute construed.—Paschal’s Digest, 1450, relating to judgments by default.</p> <p>3. Same.—A judgment by default establishes, as against the party in default, the facts properly alleged by the plaintiff, and, when the case is ready for final disposition, authorizes the entry against him of such judgment as the facts alleged may warrant.</p> <p>4. Same.—The interlocutory judgment by default only deprives the defendant of the privilege of filing an answer, which otherwise he might do at any time prior to the call of the case for trial or final disposition.</p> <p>5. Practice.—The error in taking judgment final by default against a defendant, while the case is not disposed of as to other defendants who have answered, is not cured by the subsequent dismissal as to such other defendants.</p> <p>6. Parties.—Where the pleadings of plaintiff show the legal title to the land sued for to be in one of several defendants, and that such title so held is for the benefit of one of the defendants, and the equitable powers of the court are invoked to cancel and annul such title, the beneficiary is a necessary party, and a decree will not be rendered without such party.</p> <p>7. Form of judgment.—Where the pleadings seek to cancel title deeds under which defendant is alleged to hold, the final judgment should conform to such pleadings; and in such ease the ordinary judgment in trespass to try title would be error.</p>