Riley v. Mead

OPINION

WARD, Justice.

The defendant below appeals by Writ of Error from a default judgment granted by the District Court of Ector County in the amount of $10,000.00 to Mildred Mead on her cause of action arising out of an automobile accident. The question concerns the lack of jurisdiction of the trial Court to enter the judgment because that Court either lacked the power or was in error in reinstating the cause of action which had been dismissed for want of prosecution, where more than thirty days had elapsed after the signing of an order of dismissal and where there was thereafter a failure…