Jessie James Smith, Petitioner v. Kaffie Marie Smith, Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded for a new trial, holding that a party’s inability to obtain a statement of facts—when the judgment’s invalidity is shown by the papers on file—preserves the right to appellate review and requires a retrial. The Court also held that the lower appellate court erred in requiring a meritorious defense or lack of negligence to obtain relief on a writ of error.