HASKINS v. FINKS

No. 4457.

470 S.W.2d 717 (1971)

David HASKINS, Appellant, v. Doris R. FINKS et vir, Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 24, 1971.


Attorney(s) appearing for the Case

Davis, Callaway & Marshall, Ft. Worth, for appellant.

McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, Ft. Worth, for appellees.


WALTER, Justice.

Doris R. Finks and W. S. Finks, Jr. recovered a default judgment against David Haskins and Haskins has appealed. He contends the court abused its discretion in overruling his amended motion for a new trial. He contends his motion and his affidavit establish his right to a new trial.

Appellee asserts that the motion was not heard merely on the motion and appellant's affidavit and the "trial court obviously considered other evidence in reaching...

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