Smith v. Wood

Citations

• 37 Tex. 616

Syllabus

<p>1. In an action against two defendants jointly, on a promissory note, personal service was had on one of them, and the other was served by publication. The record did not show that the defendant who had been served by publication had filed any pleadings in the case, but the judgment of the court below recited the fact that “both parties waived'a “jury, and submitted the cause to the court upon the law and facts.” Held, under the authority of Chester ®. Walters, 30 Texas, 53, that the record disclosed a personal appearance of both of the defendants, and the recitals of the judgment were conclusive upon the parties.</p> <p>2. In an action on a promissory note calling for gold, it was not error for’ the court below to render a judgment for gold.</p>