WEAVER v. BOGLE

No. 3634.

325 S.W.2d 457 (1959)

Carnes W. WEAVER, d/b/a Carnes W. Weaver Drilling Co., Appellant, v. J. D. BOGLE, d/b/a Bogle Pipe & Steel Co., Appellee.

Court of Civil Appeals of Texas, Waco.

June 4, 1959.


Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Sidney S. McClendon, III, Houston, for appellant.

Dyche, Wheat & Thornton, Houston, for appellee.


TIREY, Justice.

This cause involves the action of the trial court in refusing to permit the cross-defendant, appellant, to file a sworn amended answer alleging set-off and counterclaim as a defense to the appellee's original cross-action. It does not yield to a simple statement. On appellee's sworn pleading the Court awarded judgment in favor of appellee in the sum of $6207.46, with interest, together with an attorney fee in the amount of $1250. The judgment was entered...

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