Palmer v. D. O. K. K. Benevolent & Insurance Ass'n

WERLEIN, Justice.

This is an appeal from a judgment on bill of review setting aside a default judgment taken by appellant on September 9, 1958, on the ground of extrinsic fraud allegedly perpetrated by appellant. The trial was to the Court without a jury. With consent of counsel, the Court under Rule 174(b), Texas Rules of Civil Procedure, limited the trial to a determination of whether the default judgment should be set aside, and reserved for later determination in a separate trial the amount, if any, owing appellant by appellee.

We have carefully considered appellant’s Points complaining of…