Rose v. Darby

STREETMAN, Associate Justice.

This was a direct proceeding brought by appellants in the justice court of precinct No. 1, Lampasas County, Texas, on September 27, 1902, to vacate a judgment rendered against them in favor of appellees on March 2G, 1900. Exceptions were sustained to the petition and the cause dismissed.

The only question involved in the appeal is whether the petition showed upon its face such delay in bringing this suit, as to warrant the court in sustaining exceptions to the petition.

The petition, in- effect, alleged that the judgment sought to be vacated was rendered upon a…