DRAWE v. McGUFFIN

No. 13881.

355 S.W.2d 738 (1961)

W. H. DRAWE, Independent Executor of the Estate of H. C. Drawe, Deceased, Appellant, v. W. H. McGUFFIN, Appellee.

Court of Civil Appeals of Texas, San Antonio.

March 21, 1961.


Attorney(s) appearing for the Case

Lon D. Herbert, Alice, for appellant.

Lloyd, Lloyd & Dean, Alice, for appellee.


POPE, Justice.

Plaintiff filed suit upon a promissory note, and on April 11, 1960, it was dismissed for non-prosecution. On April 28, seventeen days later, plaintiff filed a motion to reinstate. On May 13, thirty-two days later, the court granted the motion. On October 14, after a trial on the merits, the court rendered a "take nothing" judgment, and plaintiff appealed.

A motion to reinstate is in the nature of a motion for new trial. Love v. State Bank &...

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