Cantu v. Cantu

Norvell, Justice.

This appeal is presented upon a transcript containing findings of fact and conclusions of law. Two points of error are presented.

By the first point, it is asserted that the evidence adduced upon the hearing of the motion for new .trial shows that the attorneys for plaintiff and defendant had agreed to set the case for a later date than May 28, 1952, when it was tried, and that because of such agreement defendant and her lawyer did not appear upon the date the case was set for trial. As to the existence of the agreement to postpone, there was a conflict in the testimony, which…