Johnson v. Johnson

PEDEN, Justice.

Husband obtained a divorce from his wife by default. She then brought a bill of review to set it aside and, after trial in that cause, has perfected this appeal from the granting of an instructed verdict in favor of defendant.

One of her points of error is that the trial court erred in instructing a verdict for the defendant because there was sufficient evidence to raise a fact issue as to fraud, accident or mistake practiced on her by her husband in obtaining the default judgment.

We affirm the judgment of the trial court. The Texas Supreme Court held in Alexander v. Hagedorn,…