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HARRIS v. LEBOW

No. 16086.

363 S.W.2d 184 (1962)

T. K. HARRIS d/b/a Harris Construction Company, Appellant, v. Mrs. Erel J. LEBOW, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 14, 1962.

Attorney(s) appearing for the Case

McNees & McNees, James L. McNees, Jr., Dallas, for appellant.

Burford, Ryburn & Ford, and Robert E. Burns, Dallas, for appellee.

WILLIAMS, Justice.

Appeal from a default judgment. Mrs. Erel J. Lebow, a feme sole, sued T. K. Harris, as an individual doing business under the name of Harris Construction Company, seeking damages both to her person and property following an alleged trespass. Defendant did not answer and the court rendered judgment by default in the sum of $4,500 representing both actual and exemplary damages. Within ten days the defendant filed a motion for new trial. In this motion...

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