Howard v. Emerson

• Decision Date: 24 October 1900
• Citation: Howard v. Emerson, 59 S.W. 49 (Tex. App. 1900)
• Parties: HOWARD v. EMERSON et al.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

59 S.W. 49

HOWARD v. EMERSON et al.¹

Court of Civil Appeals of Texas.

October 24, 1900.

Appeal from El Paso county court; James R. Harper, Judge.

Action by George W. Emerson and others against Tillie Howard. From a judgment in favor of plaintiffs, defendant appeals. Reversed.

Turney & Burgess, for appellant. M. W. Stanton, for appellees.

FLY, J.

This is an appeal from a judgment against appellant taken by appellees in the absence of her counsel. In the motion for a new trial, as well as in a bill of exceptions, it appears that W. H. Burges, the attorney at law to whom appellant had intrusted her defense, which was shown to be meritorious, was absent at the bedside of a sick relative, over 600 miles from El Paso, and could not possibly be present at the trial, and his partner, who was not acquainted with the case, was engaged in the trial of a cause in the district court; but a new trial was refused. No neglect on the part of appellant is indicated by the record. She had employed an attorney, and had intrusted her defense to him. He had prepared her defense, but was forced to leave the county in response to a message asking for his presence at the bedside of a relative. It was a message to which any man with proper sentiments would have responded. Appellant did not know that her attorney was absent, and did not know that judgment had been rendered against her, and had no opportunity to obtain other counsel had she so desired. The facts set forth in the motion for new trial were...