Palmer v. DOKK Benevolent and Insurance Ass'n

This is a proceeding by bill of review to set aside a default judgment on the ground of fraud. The District Court limited the trial to a determination of whether the default judgment should be set aside, and at the conclusion of such trial entered an order setting the prior judgment aside and enjoining execution thereon. The amount of indebtedness, if any, actually owing by respondent was expressly reserved for determination in a later separate trial of that issue. See Rule 174(b), Texas Rules of Civil Procedure. Petitioner attempted to appeal from such order, and the Court of Civil Appeals…