Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third Party

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a default judgment action was improper where the action could have been dismissed under 12(b)(6) if the party failed to amend its complaint
• holding that default judgment is not automatic upon defendant’s failure to appear and must be well-supported by the pleadings
• holding that attachments to a complaint are “part of the pleadings for all purposes”
• noting that “default is not treated as an absolute confession by the defendant of his liability and of the plaintiff's right to recover.”
• noting that “default is not treated as an absolute confession by the defendant of his liability and of the plaintiff's right to recover”
• noting that “[t]he defendant, by his default, admits the plaintiff's well pleaded allegations of fact.”

Source: CourtListener parenthetical corpus (CC0).