Gear v. Hart

Citations

• 31 Tex. 135

Syllabus

<p>A judgment by default, which in general terms directs the sale of a tract of land without describing it, is void, pro tanto; but this does not impair the money judgment, nor is it error of which the defendant can complain.</p> <p>Where the contract stipulates a particular rate of interest, (seven per centum per annum,) it is not error, of which the defendant can complain, to render judgment at that rate. (Paschal’s Dig., Art. 3943, Note 933.) But, the case being before the court, it was reformed, so as to draw eight per centum.</p>