King v. W. J. Goodson & Co.

Citations

• 42 Tex. 81

Syllabus

<p>1. When a second judgment by default may be taken, and THE FIRST SET ASIDE WITHOUT NOTICE TO DEFENDANT.—B obtained judgment by default against 0 in a suit on a promissory note which sought tlie enforcement of a vendor’s lieu. At the same term, on B’s application, the judgment was set aside without notice to C, and after an amendment by B, of which C was not notified, more carefully describing the property on which the lien was sought, a second judgment by default was obtained enforcing the lien: Held, that since the original petition sufficiently described the property, there was no error.</p> <p>2. When service of an amendment not required.—When the object of an amendment is merely to cure a defective statement, or to give form to what was before informal, or the like, no service of the amendment on the defendant is necessary.</p>