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Texas Industries Inc. v. Sanchez

Supreme Court of Texas
Jul 16, 1975
525 S.W.2d 870 (Tex. 1975)

Summary

holding evidence must show defendant was informed of nature of the process and that service was being attempted, and recognizing that active avoidance of service indicates that defendant recognized service of process was being attempted

Summary of this case from Red Hot Enters. LLC v. Yellow Book Sales & Distribution Co.

Opinion

No. B — 5293.

July 16, 1975.

Appeal from the 191st District Court, Dallas County, Spencer Carver, J.

Bagby, McGahey, Ross DeVore, Phillip C. McGahey and Stewart DeVore, Jr., Arlington, for petitioner.

Bean, Francis, Ford, Francis Wills, Judson Francis, Jr., Dallas, Joe W. Walsh Associates, Lee Arnett, Brownsville, for respondent.


This is an appeal from a Bill of Review judgment setting aside a default judgment against the defendant and rendering a judgment that plaintiff take nothing. The court of civil appeals affirmed. 521 S.W.2d 133. In denying the application for writ of error, no reversible error, we specifically approve the holding of the court of civil appeals that proof of defendant not having been served with citation obviates the necessity of pleading and proving the second Hagedorn requirement: that the defendant was `prevented from making (his meritorious defense) by fraud, accident, or wrongful act of the opposite party . . . .' See Petro-Chemical Transport, Inc. v. Carroll, 514 S.W.2d 240, 243 — 244 (Tex. 1974) and Hanks v. Rosser, 378 S.W.2d 31 (Tex. 1964).

Alexander v. Hagedorn, 148 Tex. 565, 226 S.W.2d 996 (1950).


Summaries of

Texas Industries Inc. v. Sanchez

Supreme Court of Texas
Jul 16, 1975
525 S.W.2d 870 (Tex. 1975)

holding evidence must show defendant was informed of nature of the process and that service was being attempted, and recognizing that active avoidance of service indicates that defendant recognized service of process was being attempted

Summary of this case from Red Hot Enters. LLC v. Yellow Book Sales & Distribution Co.

holding that proof of not having been served with citation obviates the necessity of pleading and proving that party was prevented from making his meritorious defense by fraud, accident, or wrongful act of the opposite party

Summary of this case from Hamm v. Robinson

In Sanchez, the Court held that "proof of defendant not having been served with citation obviates the necessity of pleading and proving the second Hagedorn requirement: that the defendant was 'prevented from making (his meritorious defense) by fraud, accident, or wrongful act of the opposite party....'" 525 S.W.2d at 871.

Summary of this case from Prevot v. Bancorpsouth Bank

In Texas Indus., Inc. v. Sanchez, 525 S.W.2d 870, 871 (Tex. 1975), the Texas Supreme Court held that, upon proof that he was not served with citation, a defendant need not prove the second Hagedorn prong: that he was prevented from making a meritorious defense by fraud, accident, or wrongful conduct of the opposite party.

Summary of this case from Caldwell v. Barnes
Case details for

Texas Industries Inc. v. Sanchez

Case Details

Full title:TEXAS INDUSTRIES, INC., Petitioner, v. Henry SANCHEZ, Respondent

Court:Supreme Court of Texas

Date published: Jul 16, 1975

Citations

525 S.W.2d 870 (Tex. 1975)

Citing Cases

Ross v. Center for Disabled

In such cases, the petitioner need not prove fraud, accident or a wrongful act of the opposite party. Id.…

Prevot v. Bancorpsouth Bank

See id. at 998. Prevot then discusses three Texas Supreme Court cases in which the Court created an exception…