PALMER v. D. O. K. K. BENEV. AND INS. ASS'N

No. 13434.

329 S.W.2d 916 (1959)

Lamar PALMER, Appellant, v. D. O. K. K. BENEVOLENT AND INSURANCE ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied December 3, 1959.


Attorney(s) appearing for the Case

Lamar Palmer, Houston, for appellant.

Smith & Lehmann, J. Edwin Smith, Houston, for appellee.


WERLEIN, Justice.

This is an appeal from a judgment on bill of review setting aside a default judgment taken by appellant on September 9, 1958, on the ground of extrinsic fraud allegedly perpetrated by appellant. The trial was to the Court without a jury. With consent of counsel, the Court under Rule 174(b), Texas Rules of Civil Procedure, limited the trial to a determination of whether the default judgment should be set aside, and reserved for later determination...

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