Smith v. Hine Pontiac Co.
Cases that cite this one
2 later published cases cite this decision.
- Texas General Indemnity Co. v. McKay (Tex. App. 1980)
- Velasco Drainage District of BraZoria County v. Brock (Tex. App. 1963)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.