Canavan v. Starkey Plumbing Co. of Conroe

CURTISS BROWN, Justice.

Starkey Plumbing Company of Conroe, Inc. (appellee) brought suit in Montgomery County, Texas, on a sworn account. One year after filing suit, it sought to obtain process on Cana van (appellant). Although unsuccessful in this regard they nevertheless obtained a default judgment on April 30, 1971. On July 20, 1971, they filed a motion to set aside the default judgment. On July 24, 1971, more than thirty days after the date of judgment, the trial court purported to grant this motion. There was no motion for new trial filed. Subsequent to the granting of the motion to set…