Cactus Drilling Co. v. McGinty

REYNOLDS, Justice.

The default judgment rendered is not vulnerable to the three-pronged test for a new trial, but the monetary awards decreed do not have the required evidential support. Reversed and remanded.

This appeal arose out of an action instituted by A. E. McGinty against Texaco, Inc., and Cactus Drilling Company. McGinty sought actual and exemplary damages from Texaco and Cactus for their alleged unreasonable and negligent usage of his land by malicious actions. Cactus was properly served with citation, but did not answer.

Thereafter and upon McGinty’s motion, Texaco was dismissed from…