Ezzie Lyons v. Kado Paul Et Al‪.‬

This action is one for bill of review to set aside a default judgment. Appellees seasonably filed their motion for summary judgment, which motion was answered by appellant, and upon hearing of the motion for summary judgment the court granted such motion and decreed accordingly. In the judgment we find this recital: "* * * and it further appearing to the Court that this proceeding is a Bill of Review filed by Plaintiff Ezzie Lyons requesting the Court to set aside and hold for naught a Default Judgment previously rendered in Cause No. 16,495, and, in the alternative to hold that said Judgment is completely null and void, and that a retrial be had in said Cause No. 16,495, it further appearing to the Court that in open court on the hearing of Defendants said Motion for Judgment, counsel for Plaintiff and Defendants stipulated as follows: For the purpose of this hearing, it is stipulated that Defendant Ezzie Lyons had a meritorious defense to the Plaintiffs cause of action in the original suit; * * *"