Albers v. Schumacher Company

McDONALD, Chief Justice.

This is an appeal from a summary judgment. Such summary judgment was entered by the Trial Court in a bill of review action brought to set aside a prior summary judgment. Parties will be referred to as in the Trial Court. On 1 May 1956 a summary judgment for $3,200 rent was entered in favor of The Schumacher Company against Mrs. Edna Albers and E. C. Baxter. On 28 May 1957 Mrs. Edna Albers as plaintiff filed this suit against The Schumacher Company as defendant, in the nature of a bill of review to set aside the summary judgment rendered against her on 1 May 1956.…