Western Union Telegraph Company v. McGinnis

KLINGEMAN, Justice.

This is an appeal from an order overruling Western Union Telegraph Company’s amended motion to set aside a default judgment and for a new trial. The only question presented by this appeal is whether the trial court erred in overruling the defendant’s motion for new trial. The only relief which the defaulting defendant may secure by filing the motion for new trial is a setting aside of the default judgment. The case then pends on the trial court docket for trial on its merits.

This suit was filed by Roy E. McGinnis, d/b/a Roy McGinnis and Company against Western Union…