Commercial Credit Corporation v. George W. Smith.

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court's judgment, holding that a judgment obtained after service by publication is not void per se and may be set aside only if the defendant shows a meritorious defense. The Court also held that the appellant failed to satisfy the requirements for a new trial under Rule 329 and the Soldiers and Sailors Civil Relief Act, and that the affidavit in lieu of bond substantially complied with Rule 355.