Bevil v. Johnson

In this case the district court dismissed respondents’ motion for a new trial for want of prosecution or, as expressed in the order of dismissal, for failuure to prosecute same with due diligence. The Court of Civil Appeals reversed that order and rendered judgment retinstating the motion on the docket of the district to be heard on its merits after reasonable notice. 304 S.W. 2d 953.

The original suit was one in trespass to try title filed by John R. Bevil against a largo number of defendants, including the respondents. Citation was by publication. Respondents did not appear or answer, and…