Hanks v. Rosser

The law with regard to bills of review as it has existed since the beginning of Texas jurisprudence has been changed by the majority opinion herein.

A bill of review is an equitable proceeding and is so recognized by the majority. Heretofore there has been a clearly recognized distinction between a bill of review and a motion for new trial.

All emphasis herein is supplied by the writer.

As late as 1961, in the case of Fulton v. Finch, 162 Tex. 351, 346 S.W.2d 823, in a unanimous opinion, this Court held that after the time- prescribed in Rule 329-b, *37Texas Rules of Civil Procedure, that a…