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PAGE v. CENTRAL BANK & TRUST CO.

No. 4988.

548 S.W.2d 802 (1977)

Virginia PAGE et al., Appellants, v. CENTRAL BANK & TRUST COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 7, 1977.

Attorney(s) appearing for the Case

Maxine T. McConnell and John Dennis, Director of Legal Clinic, Dallas, for appellants.

W. A. Pritchard, Anderson, Henley, Shields, Bradford, Pritchard & Miller, Dallas, for appellee.

WALTER, Justice.

Central Bank and Trust Co. recovered a judgment for $1,707.97 plus attorney's fees against Virginia Page on a promissory note in a nonjury trial. Mrs. Page has appealed.

Mrs. Page pleaded the defense of usury. The court found in his conclusions of law the defendant's answer was not verified as required by Rule 93(l), T.R.C.P., hence the Bank's "objection to evidence of usurious interest as a defense, was properly sustained."

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