McCauley v. Consolidated Underwriters

HIGHTOWER, Justice.

This is an appeal from an order of the district court of Shelby County, Texas, setting aside its judgment, under the Workmen’s Compensation Act, Vernon’s Ann. Civ.St. art. 8306 et seq., previously rendered, by default, in the plaintiff’s favor and said plaintiff, as appellant herein, has assigned nine points of error which may properly be considered under the following propositions:(1) The court’s action in vacating the default only on motion was void, as it was done six months after the original judgment, at a subsequent term of court, in con-' travention of Rule 329-b,…