Jones v. Steele

COLEMAN, Justice.

This is an appeal by the defendant from a judgment granting a bill of review. Appellant’s principal contention is that appel-lee was, as a matter of law, negligent in failing to answer prior to the time default judgment was taken in the original case.

The trial court filed the following findings of fact and conclusions of law:

“9. On March 28, 1961, W. Herbert Jones, doing business as Galveston Lumber Company, sued D. W. Steele in this Tenth District Court for Three Hundred Fifty-six Dollars and Twenty-seven Cents ($356.27), on the account attached to Plaintiff’s Original…