Texas Supreme Court

Faye McEwen v. Honorable A. M. Harrison District Judge

April 19, 1961162 Tex. 125

Summary

The Texas Supreme Court held that, after a default judgment becomes final under Rule 329b, the only permissible method to set it aside is a bill of review (or an appeal); a motion to vacate is unauthorized and void. Accordingly, the order vacating the default judgment against Texaco was void, and the lower court must reinstate the judgment. The Court also clarified that this exclusive remedy applies when the court had jurisdiction to render the original judgment.