Williams v. Huling

Citations

• 43 Tex. 113

Syllabus

<p>1. Practice—Withdrawal of answer.—A defendant duly served by publication, who had answered, and at a subsequent term had withdrawn his answer, cannot complain that an order of dismissal of the suit subsequent to such withdrawal was revoked and the suit reinstated.</p> <p>2. Parol agreement of attorneys.—Although courts are not required to enforce agreements of counsel not reduced to writing, it does not follow that it is error in the court to enforce a parol agreement.</p> <p>3. Appearance, effect of.—A defendant, in a suit by publication, having filed an answer, cannot, by its withdrawal and the payment of the fees of his attorneys, avoid the results of such appearance or claim that the suit should proceed as though he had been served by publication and had not answered.</p> <p>4. Amendment—Change in christianname of plaintiff.—Such amendment was not of a character to require notice to the defendant.</p>