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HUBBARD v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 15009.

285 S.W.2d 890 (1955)

Sam B. HUBBARD, Appellant, v. The FIDELITY & CASUALTY CO. OF NEW YORK, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 6, 1956.

Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols and H. Louis Nichols, Dallas, for appellant.

Bonney, Wade & Stubblefield, and O. M. Stubblefield, Dallas, for appellee.

YOUNG, Justice.

The appeal was from entry of default judgment for $1,694.29, plus $300 attorney's fee, taken December 27, 1954, following appellee's suit on sworn account; appellant admitting timely service of citation requiring him to file answer thereto "at or before 10 o'clock A. M. of the Monday next after the expiration of 20 days after the date of service hereof * * *." Hubbard's motion to vacate said judgment by default or for new trial was filed January 21...

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