City of San Antonio v. Garcia

NORVELL, Justice.

This is an appeal from an order refusing to set aside a default judgment rendered in favor of L. F. Garcia against the City of San Antonio for the sum of $1,015.00. Both parties seemingly agree that the disposition of this appeal is controlled by Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124, which is a leading case relating to the setting aside of default judgments during term time.

There is no dispute in the testimony and no question raised as to the City’s having suggested a meritorious defense in its motion to set aside the default. According to the deputy…