Blain

Plaintiff sued on a judgment which had

been rendered in his favor and against the same defendant in the state of Texas. Plaintiff also had judgment in this action, from which the defendant has appealed on a record prepared under section 953a of the Code of Civil Procedure.

In his complaint in this action the plaintiff pleaded that he recovered a judgment against the defendant for $2,379.21, with interest at six per cent a year in the district court of Jefferson County, Texas, and that said judgment was duly entered and recorded. The defendant denied these allegations for want of information or belief and, as a special defense, alleged that on August 5, 1921, he was served with a citation issued out of the 58th district court of Jefferson County, Texas, citing him to appear and answer before the 60th district court of the same county; that he employed counsel who attended the session of the 60th district court on the appearance date fixed in said citation; that on said date said counsel learned that said cause was not on the docket of said court and that the same was not called for answer; that thereafter the default of this defendant was entered in said cause and judgment…