Johnson v. Bevil

HIGHTOWER, Justice.

The suit in the nature of trespass to try title was instituted in the district court of Hardin County, Texas, and from an order dismissing defendants’ motion for new trial for lack of diligence in the prosecution of such motion the defendants have appealed and by appropriate points contend, primarily, that the action of the trial court was without support in the evidence, and was an abuse of its judicial discretion.

Also before us is an amicus curiae brief asserting this single point:

“The judgment rendered on January 7, 1946, is void, the court lacked jurisdiction to try the…