Burton v. Lawrence
Cases that cite this one
10 later published cases cite this decision.
- King v. Bruce (Tex. 1947)
- Tasher v. Foster Lumber Co. (Tex. App. 1947)
- Stone v. Phillips (Tex. 1944)
- Stone v. Phillips (Tex. App. 1943)
- Sanders v. Hart (Tex. App. 1943)
- In re Estate of Foster (California Superior Court, San Francisco County 1909)
- Geo. Schneider & Co. v. Fowler (Tex. App. 1883)
- George Schneider & Co. v. Fowler (Tex. App. 1883)
- Doyle v. Clark (U.S. Circuit Court for the District of Eastern Michigan 1876)
- Oliver v. Robertson (Tex. 1874)
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
Tlie error assigned is that tlie court gave judgment against the plaintiff in error without the. Undiug of a'jnry. ~
In the case of Cartwright v. Roff (1 Tex. R., 78) it was decided that a with-
The judgment in this case recites that “the defendants, by leave, of the court, withdrew their pleas, and say that they cannot deny the plaintiff's' cause of action against them for debt and interest, in plaintiff’s petition claimed,’’ &c.
Regarding this as in effect a confession of judgment for a sum certain, to be ascertained simply by reference to the petition, there could be no necessity of a jury to ascertain the amount of indebtedness. Tins was ascertained by the confession of the defendant.
The case cannot be distinguished in principle from that of Cartwright v. Roff.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.