FLEMING v. HERNDEN

No. 6716.

564 S.W.2d 157 (1978)

John FLEMING and Kent Kidder, Appellants, v. A. L. HERNDEN, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 5, 1978.


Attorney(s) appearing for the Case

Craig L. Austin, San Antonio, for appellants.

Pepos S. Dounson, San Antonio, for appellee.


OPINION

OSBORN, Justice.

The Appellants in this case were cited by publication but did not answer. Judgment was entered against them after an answer was filed by an attorney ad litem appointed by the Court. The Appellants then filed an answer and a "Motion to Set Aside Default Judgment or Alternatively, Motion for New Trial" within ten days after the judgment. The motion was overruled, resulting in this appeal. We reverse and remand for a new trial.

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