National Bedding Co. v. McGee

This is an original mandamus proceeding by which relator, Albert Bentch d/b/a National Bedding Company, seeks an order directing Hon. W. Sears McGee, Judge of Harris County Court at Law, respondent, “to set aside the order of August 10, 1951 (1953), setting aside the default judgment rendered in favor of relator June 16, 1953.”

On May 24, 1953, relator filed suit in respondent’s court against All Bargain Furniture Company on a sworn account of $326. On June 16, 1953, and after citation had been duly served, the court rendered a default judgment for plaintiff for $326, interest and costs,…