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CATE v. BEENE

No. 4796.

440 S.W.2d 389 (1969)

P. B. CATE, Appellant, v. Samuel O. BEENE et ux., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 8, 1969.

Attorney(s) appearing for the Case

Tom Beard, Hillsboro, for appellant.

Gallagher, Wilson, Berry & Jorgenson, Dallas, Bond & Meroney, Teague, Jerry F. McCarty, Ennis, for intervenor.

OPINION

WILSON, Justice.

The question in this case is whether the court properly denied defendant's motion to set aside a default judgment.

Plaintiff's petition in this suit for personal injuries and property damage arising from an automobile collision was filed October 6, 1966. Defendant promptly filed an answer containing a general denial and a general allegation of contributory negligence. A month later...

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