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BEVIL v. JOHNSON

No. A-6411.

307 S.W.2d 85 (1957)

John R. BEVIL et al., Petitioners, v. W. S. JOHNSON et al., Respondents.

Supreme Court of Texas.

November 20, 1957.

Attorney(s) appearing for the Case

James F. Parker, Beaumont, Earl B. Stover, Kountze, Terrell Buchanan, Silsbee, for petitioner.

Charles S. Pipkin and Jack Brookshire, Beaumont, for respondent.

HICKMAN, Chief Justice.

In this case the district court dismissed respondents' motion for a new trial for want of prosecution or, as expressed in the order of dismissal, for failure to prosecute same with due diligence. The Court of Civil Appeals reversed that order and rendered judgment reinstating the motion on the docket of the district court to be heard on its merits after reasonable notice. Tex. Civ.App., 304 S.W.2d 953.

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