From Casetext: Smarter Legal Research

SMITH v. HINE PONTIAC CO

Court of Civil Appeals of Texas, Waco
Nov 19, 1959
328 S.W.2d 919 (Tex. Civ. App. 1959)

Opinion

No. 3679.

October 29, 1959. Rehearing Denied November 19, 1959.

Appeal from the County Court of Dallas County, Julien C. Hyer, J.

Albert S. Reagan, Edgar L. Smith, Dallas, for appellant.

John D. Griggs, Dallas, for appellee.


Appellant sought to set aside a default judgment by filing a motion alleging that an answer was filed. The clerk's records show none was filed. As to existence of a meritorious defense, the motion alleged, 'Defendant has a meritorious defense to said suit and if the purported judgment by default is set aside defendant will answer and appear and present to the court such defense.'

After pointedly calling attention to asserted insufficiency of the motion, and upon the failure of appellant to offer any evidence as to what defense might be available; or, indeed, upon the issue of whether an answer was filed, the court reluctantly overruled the motion. No error is presented. Harder v. Sanders, 155 Tex. 149, 284 S.W.2d 144, 146; Fowler v. Roden, 129 Tex. 599, 105 S.W.2d 187, 189; Griffin v. Duty, Tex.Civ.App., 286 S.W.2d 229, 233; Patton v. Samuel, Tex.Civ.App., 262 S.W.2d 439, 441.

Affirmed.


Summaries of

SMITH v. HINE PONTIAC CO

Court of Civil Appeals of Texas, Waco
Nov 19, 1959
328 S.W.2d 919 (Tex. Civ. App. 1959)
Case details for

SMITH v. HINE PONTIAC CO

Case Details

Full title:Mrs. Frances SMITH, Appellant, v. HINE PONTIAC COMPANY, Appellee

Court:Court of Civil Appeals of Texas, Waco

Date published: Nov 19, 1959

Citations

328 S.W.2d 919 (Tex. Civ. App. 1959)

Citing Cases

South Side Bank of Scranton v. Raine

George Morrow, for appellant. — The error of the court below was in holding that Raine's note was an…

Petition for Naturalization of Ferro

Accord: See Morss v. Palmer, 1850, 15 Pa. 51, 56, "It is impossible to fix any precise bound, as each case…