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Bernard L. Middleton v. Bonner D. Murff

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eBook details

  • Title: Bernard L. Middleton v. Bonner D. Murff
  • Author : Supreme Court of Texas
  • Release Date : January 01, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

This is an appeal from a direct attack on a "consent judgment" rendered by the district court after receiving notice that certain parties, petitioners herein, no longer consented. The consent judgment was not appealed to the court of appeals. This direct attack, brought in the district court, is a motion to vacate the consent judgment and does not conform to the requirements of a bill of review. The trial court refused to set the consent judgment aside. The court of appeals affirmed this refusal by holding that the consent judgment was not void, and that therefore the requirements of a bill of review must be met to set it aside. 682 S.W.2d 672. We refused the petitioners application for writ of error, no reversible error, and we now overrule their motion for rehearing. We find it necessary to do so with an opinion to correct certain misconceptions created or perpetuated by the court of appeals opinion.


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