Routh v. City of San Antonio

FONG, Justice.

On October 11, 1947, the City of San Antonio instituted this suit against George Routh and John E. Routh. On October 3, 1947, the defendants filed their answer and cross-action. On the first day of June, 1956, the court dismissed the case including the cross-action for want of prosecution. Thereafter, at the same term of court the defendants filed their motion for new trial and asked that their cross-action be reinstated on the docket. A hearing was had and at the conclusion thereof the court overruled the motion, hence this appeal.

Counsel for defendants, who filed their answer…