Swaim v. Texas Electric Service Co.

OPINION

HUGHES, Justice.

Virgil Swaim and wife, Bertha Bee, plaintiffs in trial court, have appealed a summary judgment granted Texas Electric Service Company. Their suit was a bill of *789review action to set aside the judgment in a condemnation suit involving the same parties.

We affirm.

The Swaims’ complaint in this appeal is that the trial court did not deny TESCO’s summary judgment motion in the face of Swaims’ pleadings and affidavits which allegedly stated, as a matter of law, a cause of action against TESCO. They allege that, at the hearing before the special commissioners (in condemnation),…