Cohn v. Ivey

NORVELL, Justice.

This is an appeal from an order dismissing a bill of review filed by appellant, Sam Cohn, as plaintiff, after special exceptions to the petition had been sustained and appellant had declined to amend.

The petition alleged that a default judgment had been rendered against Cohn on October 30, 1947, for the sum of $1,134.-62, because he had failed to answer a writ of garnishment which had been served upon him on the third day of July, 1947. This writ was ancillary to a claim asserted by the Taft Lumber Company against one E. L. McCracken.

Appellant alleged two reasons for his…