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ROUTH v. CITY OF SAN ANTONIO

No. 3304.

302 S.W.2d 452 (1957)

George ROUTH et al., Appellants, v. CITY OF SAN ANTONIO, Appellee.

Court of Civil Appeals of Texas, Eastland.

May 10, 1957.

Attorney(s) appearing for the Case

Ronald Smallwood, San Antonio, for appellants.

Carlos C. Cadena, City Atty., C. J. Matthews, Leo R. Dougherty, Asst. City Attys., San Antonio, for appellee.

LONG, Justice.

On October 11, 1947, the City of San Antonio instituted this suit against George Routh and John E. Routh. On October 3, 1947, the defendants filed their answer and cross-action. On the first day of June, 1956, the court dismissed the case including the cross-action for want of prosecution. Thereafter, at the same term of court the defendants filed their motion for new trial and asked that their cross-action...

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