Himelstein Bros., Inc. v. the Texas Co.

Appellant brought this suit in the lower court against the appellee to set aside a default judgment rendered against the appellant in the sum of Fifteen Hundred ($1500.00) Dollars.

The second amended complaint alleged that the appellee obtained judgment through appellant’s mistake, inadvertence and excusable neglect. We do not find any allegation in the amended complaint alleging that the appellant had a meritorious defense, although evidence on that issue was admitted during the trial of this action. To the amended complaint, appellee filed appropriate answer.

Cause was tried to the court…