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At a Glance:
Title:
Argonaut Underwriters Ins. Co. v. Ellis
Date:
January 30, 1959
Citation:
320 S.W.2d 917
Status:
Published Opinion

Argonaut Underwriters Ins. Co. v. Ellis

Court of Civil Appeals of Texas, Eastland.

ARGONAUT UNDERWRITERS INSURANCE COMPANY, Appellant,

v.

Cecil ELLIS, Appellee.

No. 3434.

|

Jan. 30, 1959.

Attorneys & Firms

*918 Harris, Anderson, Henley & Rhodes, Dallas, for appellant.

Scarborough, Black & Tarpley, Abilene, for appellee.

Opinion

WALTER, Justice.

Cecil Ellis recovered judgment against Argonaut Underwriters Insurance Company for the sum of $156 for benefits under the Workmen’s Compensation Law, Vernon’s Ann.Civ.St. art. 8306 et seq.

The Industrial Accident Board denied Ellis’ claim. He appealed to the justice court in Nolan County where he took a default judgment. The insurance company appealed to the County Court, in which court Ellis made a motion for judgment on three grounds, namely, since the appeal was from a default judgment in the justice court, the insurance company waived any defense to said cause of action; that notice of appeal from the judgment in the justice court was not properly presented and the appeal bond filed was not in an amount double the amount required by Rule 571, Texas Rules of Civil Procedure. On this motion judgment was entered for Ellis. The insurance company has appealed from such judgment contending that none of the grounds set forth in appellee’s motion entitled him to a judgment.

We hold the County Court had appellate jurisdiction from the default judgment in the justice court. Hervey v. Forse, Tex.Civ.App., 253 S.W.2d 701.

The judgment of the trial court is reversed and the cause is remanded.

End of Document
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