Herrin v. Kelly

*196OPINION

TIREY, Justice.

J. B. Kelly brought this suit on a sworn account for labor performed and material furnished for construction of a fence in the sum of $888.76, together with attorney’s fees, said suit having been filed on April 24, 1967, against R. T. Herrin and J. W. Jernigan. Appellants filed their original answer on May 16, 1967. Appellee filed motion for summary judgment with supporting affidavit on May 24, 1967, and hearing on motion was set for June 9, 1967, at which time the appellants’ original cross-action was filed. Hearing was had on the summary judgment on June 9, 1967, and…