CANAVAN v. STARKEY PLUMBING CO. OF CONROE, INC.

No. 1043.

515 S.W.2d 695 (1974)

W. E. CANAVAN, Appellant, v. STARKEY PLUMBING COMPANY OF CONROE, INC., Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

October 30, 1974.


Attorney(s) appearing for the Case

George D. Gordon, Baggett, Kirk, Gordon & Vitulli, Houston, for appellant.

J. Ritchie Field, Coker, Field & Moxcey, Conroe, for appellee.


CURTISS BROWN, Justice.

Starkey Plumbing Company of Conroe, Inc. (appellee) brought suit in Montgomery County, Texas, on a sworn account. One year after filing suit, it sought to obtain process on Canavan (appellant). Although unsuccessful in this regard they nevertheless obtained a default judgment on April 30, 1971. On July 20, 1971, they filed a motion to set aside the default judgment. On July 24, 1971, more than thirty days after the date of judgment, the trial...

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