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SEARS, ROEBUCK & COMPANY v. BLACKBURN

No. 5216.

305 S.W.2d 791 (1957)

SEARS, ROEBUCK & COMPANY et al., Appellants and Appellees, v. W. H. BLACKBURN et ux., Appellees and Appellants.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 25, 1957.

Attorney(s) appearing for the Case

Sharpe, Cunningham & Garza, Brownsville, for Sears, Roebuck & Co.

Hartley, Lattimore, Alamia & Perkins, Pharr, for Harvey and Young.

Hill, Lockridge & King, Mission, for Blackburn et ux.

WILLIAMS, Justice.

On the 6th day of February, 1957, this court rendered an opinion in this case, which held that the judgment of the trial court entered on February 13, 1956, was of no effect, since the term of the court for this specific case had ended by operation of law on January 15, 1956. The court, in rendering this opinion, relied on the verbiage of subdivision 5, 329-b, Texas Rules of Civil Procedure. We consider subdivision 6(c) more controlling in this...

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