Rhodes v. Tindall

JOY, Justice.

This is an appeal from an order of the trial court setting aside a default judgment previously granted plaintiff Rhodes against defendant Tindall. Reversed and rendered.

Suit was filed on January 22, 1971 by Thelma Rhodes for the wrongful death of her husband, an employee of defendant J. M. Tindall, d/b/a J. M. Tindall Gin, at the time of his death on January 27, 1969. Service was -had upon Tindall on February 5, 1971 with no answer being filed by June 3, 1971 when the plaintiff presented evidence to the court in support of a default judgment. The default judgment was signed and…