JONES v. MOORE

No. 10169.

262 S.W.2d 956 (1953)

JONES et al. v. MOORE et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 16, 1953.


Attorney(s) appearing for the Case

Roscoe Johnson, San Antonio, for appellants.

Slater & Slater, Luling, for appellees.


GRAY, Justice.

On October 2, 1952, appellants filed this suit to review and set aside a judgment rendered October 9, 1950.

Appellees urged special exceptions to appellants' petition which together with evidence were heard by the trial court. The court found appellants had neither plead nor proved diligence, and the special exceptions were sustained. Appellants declined to amend and their cause of action was dismissed.

The controversy is as to the legal...

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