Lockhart v. Bowles
Lockhart v. Bowles
1 White & W. 146
Lockhart v. Bowles
Opinion of the Court
Opinion by
§ 844. Judgment by default; garnishment. It is error to render judgment by default when a plea is on file, even if the plea is defective. An insufficient or defective answer should be excepted to so that proper amendment may be made. If not excepted to, the irregularity -will be deemed waived. The failure to call the garnishee before rendering judgment by default vitiates the judgment. [Culbertson v. Ellison, 20 Tex. 102.]
Beversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.