Lee v. Thomas

OPINION

McDONALD, Chief Justice.

Proceeding on bill of review for relief from default judgment. Appellant Lee appeals from judgment of the trial court granting a bill of review in Cause 73-5320-L; setting such default judgment aside; granting appellee Thomas a new trial; and rendering judgment in such case that appellant Lee take nothing against appellee Thomas.

On June 13,1973 Thomas shot Lee with a pistol. Shortly thereafter Thomas was arrested and lodged in the Dallas County jail. On July 20,1973 Lee sued Thomas in Cause 73-5320-L for damages for assault. On July 23, 1973 Thomas was served…