Field & Co. v. Fowler

Citations

• 62 Tex. 65
• 3 Tex. L. R. 293
• 1884 Tex. LEXIS 189

Syllabus

<p>1. Pleading—Trial of right of property.— Under art. 4335, E. S., the appearance of the defendant entered on the minutes of the court, in an action for the trial of the right of property, whether such appearance be made in person or by attorney, has all the effect of an answer in preventing a judgment by default, until he refuses to join issue under the directions of the court.</p> <p>3. Same.— The effect of such an entry of appearance continues, after the attorney withdraws from the case, so long as no order is entered setting the appearance aside, until the defendant refuses to join issue in the time prescribed, by the court.</p> <p>3. Practice — Agreement of counsel — Judgment by default.— A party-to an action for the trial of the right of property, whose attorney after entering an appearance had abandoned the case before pleading, received from' the attorney of the opposing party the promise that, under the circumstances, he would take no action in the case without notifying him. He was notified, but the notice was so short that he could not reach the court-house in time to prevent a judgment against him. Held, that the judgment by default should have been set aside, and this, though it was taken on the application of the partner of the attorney who had promised to give notice.</p>