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FIRST NATIONAL BANK IN DALLAS v. HAWN

No. 16492.

392 S.W.2d 377 (1965)

FIRST NATIONAL BANK IN DALLAS, Independent Executor, Appellant, v. R. Dean HAWN, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 2, 1965.

Attorney(s) appearing for the Case

Matthews, Payne, Pace, Sands & Benners, Fred H. Benners, Dallas, for appellant.

Earl Luna and Ben Atwell, Dallas, for appellee.

BATEMAN, Justice.

This is a suit on a promissory note for $4,610.92. Two judgments were rendered, and the sole question presented here is whether the first was such a final judgment as would preclude the entry of the second. Appellee R. Dean Hawn filed suit on the note on March 20, 1962 against Jack Story and Murray Samuell. Both defendants were served and both answered by their attorney. Payments in the sum of $3,000 were made while the suit was pending. Appellee...

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