Oliver Ward, Petitioner, v. David Nava, Respondent, 488 S.W.2d 736
Summary
Petitioner personal injury defendant contended that the trial court improperly denied him a new trial following entry of a default judgment against him. The Court of Civil Appeals affirmed the trial court's ruling. On further review to the Texas Supreme Court, petitioner contended that the court erred in holding that evidence disputing service may not come from the defendant himself, and that the default judgment should have been set aside because petitioner had a meritorious defense and his failure to answer was due to accident or mistake. He also contended that the court of appeals erred in holding the supporting affidavit accompanying the motion for new trial was factually insufficient. The court found that the question of service was a question of fact to be determined by the trier of facts and the court would not disturb the finding. The court noted that the motion for a new trial must allege facts which in law would constitute a defense to the cause of action and must be ...