No. 3595.

321 S.W.2d 944 (1958)

Ezzie LYONS, Appellant, v. Kado PAUL et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 26, 1959.

Attorney(s) appearing for the Case

Bell & Singleton, Houston, for appellant.

Cain, Taylor & Cain, Liberty, Q. C. Taylor, Austin, for appellees.

TIREY, Justice.

This action is one for bill of review to set aside a default judgment. Appellees seasonably filed their motion for summary judgment, which motion was answered by appellant, and upon hearing of the motion for summary judgment the court granted such motion and decreed accordingly. In the judgment we find this recital: "* * * and it further appearing to the Court that this proceeding is a Bill of Review filed by Plaintiff Ezzie Lyons requesting the Court...

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