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CITY OF WICHITA FALLS v. DYE

No. 17561.

517 S.W.2d 680 (1974)

CITY OF WICHITA FALLS, Appellant, v. Mrs. Marjorie DYE et vir, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 17, 1975.

Attorney(s) appearing for the Case

H. P. Hodge, Jr., City Atty., and Edwin Luecke, Asst. City Atty., Wichita Falls, for appellant.

Nelson, Sherrod, Carter & Oldham, and Charles W. Oldham, Wichita Falls, for appellees.

OPINION

LANGDON, Justice.

March 1, 1973, City of Wichita Falls initiated suit against Mrs. Marjorie Dye and husband, B. H. Dye, defendants, for damages to its bus resulting from a collision with a vehicle operated by Mrs. Dye at a signal controlled intersection. April 5, 1973, a default judgment, interlocutory in nature, was rendered against Mrs. Marjorie Dye et vir. Because the claim constituted an unliquidated demand the default judgment awarded a writ...

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