Combined Underwriters Life Insurance Co. v. Wells

OPINION

MASSEY, Chief Justice.

The appeal is by the defendant insurance company from a default judgment granted the plaintiff. There had been answer and *734appearance by the defendant, but it was not present at any time during the conduct of the trial. On January 16, 1969, the case was called for jury trial, evidence submitted and answers returned by the jury upon a verdict on special issues, with judgment entered and filed.

On the hearing on the motion for new trial a full and complete record was made. Testimony of him who at one time had been the defendant’s local counsel, subject to opportunity…