Goodhue v. J. Meyers & Co.

Citations

• 58 Tex. 405
• 1883 Tex. LEXIS 37

Syllabus

<p>1. Setting aside judgment by default.— A judgment by default on an open account should have been set aside, when, two (lays after the judgment was taken, the defendant, in an uncontradicted affidavit in support of his motion to set aside the judgment, showed the serious sickness of the attorney to whom his defense was confided at the time the answer should have been filed, and his own sickness then and at the time of making the motion, coupled with a specific statement of a meritorious defense, sufficient if proved to have defeated the action,</p> <p>2. Case distinguished.—This case distinguished from Power v. Gillespie, 27 Tex., 870; Watson v. Newsham, 17 Tex., 437, and Foster v. Martin, 20 Tex., 118.</p> <p>3. Set-off.— See opinion in this case for a counterclaim for damages founded on a cause of action arising out of an account sued on, and so intimately connected therewith as to allow it to be set off against the account under art. 650, R. S.</p>