Daniel v. Fry

NORVELL, Justice.

This suit was brought by W. F. Daniel against S. L. Fry. A direct attack in equity was made upon a money judgment theretofore rendered in favor of Fry and against Daniel. The case was tried to a jury and the court rendered judgment in favor of Fry and refused to set aside its former judgment.

Fry, the appellee here, by his first three counter points, presents the contention that the judgment should not be reversed for the reason that no motion for new trial was filed in the trial court.

Rule 324 Texas Rules of Civil Procedure, was amended by order of March 31, 1941, by adding…