Gerald v. Burthee

Citations

• 29 Tex. 202

Syllabus

<p>Where a party acknowledged service under the 13th section of the act to regulate proceedings in the district court over five days before the term, but the petition was not filed and the case docketed until the fifth day of the term, it was not error to enter judgment at the same term. (Paschal’s Dig., Art. 1433, Note 545.)</p> <p>Where service had been acknowledged and the case docketed, and the defendant confessed judgment, without the affidavit of the plaintiff to the justness of the debt, as required by the 116th section of the act to regulate proceedings in the district court, the judgment will not be reversed on error. (Paschal’s Dig., Art. 1477, Note 573.)</p>