Owen v. City of Eastland

Mr. Presiding Judge HARVEY

delivered the opinion of the Commission of Appeals, Section A.

On February 27, 1924, the City of Eastland brought a suit, in the district court there, against Briggs Owen, on a paving certificate several months before it would have become barred by limitation. In the- case, the city was represented by both resident and non-resident attorneys. On January 26, 1926, the case was dismissed for want of prosecution. On June 6, 1927, *421one of the resident attorneys for the city in said suit, filed a motion to set aside the dismissal judgment, on the ground that same resulted…