SCHWARZ v. SMITH

No. 3623.

325 S.W.2d 407 (1959)

Karl SCHWARZ et al., Appellants, v. Allen SMITH et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 25, 1959.


Attorney(s) appearing for the Case

P. Harvey, Philip J. Montalbo, Philip M. Shafer, Houston, for appellants.

Stovall & O'Bryant, P. R. Rowe, Clarence I. McFarlane, Houston, for appellees.


WILSON, Justice.

This is an appeal from judgment overruling appellants' motion under Rule 329, Texas Rules of Civil Procedure, for new trial in a trespass to try title action. Judgment had been rendered against appellants nearly two years before on citation by publication.

At the outset we are confronted with the contention that the original judgment is void for want of jurisdiction because of omission from the affidavit for publication of a statement that...

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