Swish Manufacturing Southeast, Inc. v. Wilkie

Quillian, Chief Judge.

The principal issue raised by this appeal is whether the trial judge correctly denied the defendant’s motion to set aside a judgment entered in favor of the plaintiff.

In making his determination the trial judge found the following facts: the “action was brought in the Small Claims Court of Harris County and the Plaintiff, James M. Wilke [sic], was given a judgment against the defendant, Swish Manufacturing Southeast, Inc. by default on the grounds that the defendant failed to file an answer within the time allowed by law;

“Further that the defendant filed a De Novo appeal…