Grayce Oil Co. v. Varner

• Decision Date: 02 April 1924
• Docket Number: (No. 2302.)
• Citation: Grayce Oil Co. v. Varner, 260 S.W. 883 (Tex. App. 1924)
• Parties: GRAYCE OIL CO. v. VARNER.
• Court: Texas Court of Appeals

260 S.W. 883

GRAYCE OIL CO. v.VARNER.

(No. 2302.)

Court of Civil Appeals of Texas. Amarillo.

April 2, 1924.

Error from District Court, Wichita County; P. A. Martin, Judge.

Action by S. R. Varner against the Grayce Oil Company.A default judgment was entered against defendant, which trial court refused to set aside on motion, and defendant brings error.Affirmed.

Weeks, Morrow & Francis, of Wichita Falls, for plaintiff in error.

W. L. Scott, of Wichita Falls, and W. T. Carlton, of Harlingen, for defendant in error.

HALL, C. J.

Defendant in error, Varner, recovered a judgment by default against plaintiff in error, Grayce Oil Company, January 15, 1923, in the sum of $500.At the same term of the court the company filed its motion to set aside the judgment and for a new trial upon the ground that the citation had not been served upon any one upon whom the law authorized such service to be made, that the petition did not give the name of any local agent or other representative or any officer of the company upon whom process should be served.The sheriff's return is as follows:

"Came to hand this 19th day of September, 1922, at 10 o'clock a. m. and executed the 22d day of September, 1922, by delivering to Grayce Oil Company, by delivering to Mr. Campbell, its agent, the within named defendant, in person a true copy of this writ."

The motion to set aside the judgment was heard by the court and overruled on March the 31st, during the same term of the court.W. R. Hill, cashier of the bank at Burkburnett, where the Grayce Oil Company kept its account, testified that S. J. Campbell signed checks on the company's account, opened by him, that the account was originally carried in the name of Stanley J. Campbell and afterwards transferred to the Grayce Oil Company.Varner testified that the company had oil leases at Burkburnett, and that S. J. Campbell was superintendent of its business there, and employed him to drill for the company on said leases, and had paid him $1,500 at one time and $1,200 when the well was completed, and that Mr. Campbell accepted the well.The witness testified that he was employed by S. J. Campbell and paid by him for work in drilling another well for said company, that he drilled two wells for the Grayce Oil Company, and that S. J. Campbell gave him a check for his money each time.Harry Weeks, one of the company's attorneys, testified that in September, 1922, S. J. Campbell left a citation in the case at his office, and that it was his intention to file an answer in the case, that Campbell discussed the facts with him at that time.He further...