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CITY OF SAN ANTONIO v. GARCIA

No. 12343.

243 S.W.2d 252 (1951)

CITY OF SAN ANTONIO v. GARCIA v. GARCIA.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 7, 1951.

Attorney(s) appearing for the Case

Jack Davis, City Atty., Herbert Schencker, Asst. City Atty., San Antonio, for appellant.

O. Shelley Evans, Charles J. Lieck, San Antonio, for appellee.

NORVELL, Justice.

This is an appeal from an order refusing to set aside a default judgment rendered in favor of L. F. Garcia against the City of San Antonio for the sum of $1,015.00. Both parties seemingly agree that the disposition of this appeal is controlled by Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124, which is a leading case relating to the setting aside of default judgments during term time.

There is no dispute in the testimony and...

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