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MUELLER v. BANKS

No. 13370.

317 S.W.2d 254 (1958)

B. G. MUELLER and F. W. Huber, Appellants, v. C. Stanley BANKS, Executor of the Estate of Henry Mueller, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

October 22, 1958.

Attorney(s) appearing for the Case

Robt. H. Rice, San Antonio, for appellants.

House, Mercer & House, James D. Cunningham, San Antonio, for appellees.

POPE, Justice.

Plaintiffs, B. G. Mueller and F. W. Huber, on June 18, 1957, brought suit against the executor of Henry Mueller's estate, John McVay and certain creditors, for the purpose of setting aside a former judgment entered on November 5, 1952. They claimed the former judgment was void. Defendants filed "Motion to Dismiss and Expunge" addressed to each of the plaintiffs' pleadings and asserted that plaintiffs' suit...

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