Goodlett v. Stamps

Citations

• 29 Tex. 121

Syllabus

<p>Civil suits are commenced by filing a petition in the office of the clerk of the district court, and it must contain a “full and clear statement of the cause of action.” (Paschal’s Dig., Art. 1427, Notes 536-540.)</p> <p>At common law the leading process in a cause was the writ, but according to our system of procedure it is the petition.</p> <p>A judgment nil dicit is a species of judgment by default, but operates as a waiver of errors, which the judgment by default does not. It is considered as a waiver of all objections to the service and return of process. It amounts to an admission of the cause of action substantially stated in the petition, and, like a judgment by default, the amount and terms of the judgment must be ascertained by reference to the petition, together with the usual proceedings had upon such judgments.</p>