Payne & Keller Co. v. Word

OPINION

CANNON, Justice.

This is an appeal by writ of error from a default judgment. In five points of error, appellant complains that: (1) the return of citation is defective; (2) the damages awarded by the judgment are not supported by the pleadings or the evidence; and (3) the motion for new trial was erroneously denied. We agree that some of the damages are unsupported by the pleadings, and, accordingly, modify the judgment of the court below and affirm it as modified.

The cause of action arose from an automobile collision between appellee, Peggy Word, and Richard H. Jones (Jones). Ap-pellee…