West v. Dugger

W. L. Dugger brought suit • in the district court of McLennan county against appellant, J. A. West, and a number of others; said cause being No. 5795. On May 28, 1924, judgment by default was rendered in said cause against appellant for $23,906.25. This suit, No. 6633, was brought by appellant to set aside and vacate said default judgment, on the ground that no service was had on him in said cause No. 5795, and said judgment was therefore void. On the trial of this cause before a jury the trial court peremptorily instructed the jury to return a verdict in favor of appellee, “for the reason…