Chavez v. Chavez

COMPTON, Justice.

This is an appeal from an order denying motion to vacate a judgment for irregularity.

Appellee alleged that appellant assaulted and beat him and as a result he had been damaged in the amount of $15,000.00. Appellant entered a general denial to the charges. The cause was tried to the court without a jury and a judgment for appellee, awarding damages of $3,500.00, was entered on January 8, 1949. On May 11, 1949, appellant filed a motion to vacate the judgment for irregularity which motion was summarily denied.

The claimed irregularity consists in the trial court’s failure to…