McCardell v. Peterson

COLEMAN, Chief Justice.

This is an appeal from a take nothing judgment entered in a suit for damages based on an alleged assault on appellant by the defendant Eric Peterson, an employee of the defendant L. K. Peterson, d/b/a Triangle Loan Service. The trial court filed findings of fact and conclusions of law.

The suit as originally filed did not name Eric Peterson as a defendant. Thereafter he was named in an amended petition, and was served with citation. When he failed to answer in the required time, an interlocutory default judgment was entered as to him on the issue of liability only. On…