Allais v. Lynch

COLEMAN, Justice.

This is an appeal from the overruling of an amended motion for new trial following a default judgment.

Appellee brought suit against appellant and others to recover certain insurance premiums. The cause of action against appellant was based on a letter alleged to constitute a guaranty. Suit was filed on March 15, 1971, and citation was served on appellant on April 28, 1971. No answer was filed, and the court granted a default judgment which was signed and entered on March 22, 1972.

A motion for new trial was filed in proper time for all defendants. In the amended motion for new…