Facts:

Plaintiff sue to recoup $5600 allegedly due under defendant"s guarantee of a hospital debt incurred by one of his employee"s. Defendant go not show up or answer, so default referee was gone into for the amount claimed, to add attorney"s fees and costs.

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Defendant began a bill of review, as he was offered too late.


Page 83, Bottom (not in casebook)

Appellee said that in spite of the allegation of no service and also no an alert of judgment, the meritorious-defense need prevented relief and also that even though the invoice of review was the only avenue the relief, the State could constitutionally firmly insist on the reflecting of a meritorious defense.


Page 529, i 4

The Texas courts nonetheless held, as appellee urged them come do, the to have the judgment set aside, appellant was required to display that he had actually a meritorious defense, apparently on the ground that without a defense, the same judgment would certainly again be gone into on retrial and hence appellant had actually suffered no harm from the judgment gone into without notice.


Issue:

Does a lack of service permit a referee to be collection aside without a reflecting of a meritorious defense?


Reasoning:

If notice had to be given, defendant might have taken other options such as negotiating a negotiation or paying the blame himself instead of that his building being offered by others without notice.

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