E. L. & R. R. Ry. Co. v. Scott

Citations

• 66 Tex. 565
• 1 S.W. 663
• 1886 Tex. LEXIS 568

Syllabus

<p>1. Practice—Judgment by default—Time of rendition—Article 1263 revised statutes construed—The use of the words “on or before the fifth day” in Art. 1263, R. S., in place of the words “on or before the fourth day” in Pas. Dig., Art. 1508, indicates the intention of the legislature to extend the time for filing answers beyond the limits allowed by the former law. (Rvburn v. Kail, 4 Tex., 305; Moore v. Janes, 6 Tex., 227.)</p> <p>2. Same—Revised Statutes, articles 1263, 1280-1282, construed—The only construction by which the seeming conflict in Arts. 1263, 1280-1282, R. S., can be reconciled, is to hold that if, upon the call of the appearance docket on the fifth day, no answer is filed and the defendant does not ask further time, a judgment by default shall be rendered against him; but if the defendant be present in person or by attorney and ask the remainder of the day to answer, it shall be allowed him.</p>