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HEISEY v. BOOTH

No. 17274.

476 S.W.2d 782 (1972)

Leroy HEISEY, Appellant, v. J. E. BOOTH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 25, 1972.

Attorney(s) appearing for the Case

George C. Sims, Fort Worth, for appellant.

St. Clair Newbern, III, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

One Reece sued J. E. Booth for $329.60 and attorney's fees under the provisions of Texas Rules of Civil Procedure 185, "Suit on Sworn Account". Booth filed the sworn denial contemplated by the rule.

Under the provisions of T.R.C.P. 38, "Third-Party Practice", Booth proceeded to bring Leroy Heisey into the same case, as a third-party defendant. Booth alleged —alternative to his defensive position as applied to...

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