Light v. Verrips

EVANS, Justice.

This writ of error proceeding was instituted by the petitioner, Stephen C. Light, to set aside a default judgment.

The petition constitutes a direct attack upon the default judgment, and this court will not, therefore, indulge any presumptions in support of the judgment’s validity. McKanna v. Edgar, 388 S.W.2d 927, 929 (Tex.1965). In this writ of error proceeding, the decisive question is whether there is an error apparent on the face of the record which vitiates the trial court’s judgment. Flynt v. City of Kingsville, 125 Tex. 510, 82 S.W.2d 934 (1935); Texaco, Inc. v. McEwen,…