Oliver Ward v. David Nava

David Nava secured a default judgment in the amount of $25,000 against Oliver Ward on November 22, 1971. The parties will be referred to in this opinion by their last names. On December 2, 1971, Ward, through his attorneys, filed his motion to Set Aside Default Judgment And For New Trial. An amended motion was filed on December 13, 1971, elaborating somewhat on the matters set out in the original motion. An affidavit executed by Ward, attempting to set up a meritorious defense to the cause of action asserted by Nava and making excuses for not filing a timely answer, was attached to the amended motion. The motion was overruled by the trial court and Ward appealed. The Court of Civil Appeals affirmed. 483 S.W.2d 510.