George v. Elledge
261 S.W.2d 201
Opinion
Appellee, Elledge, sued James I. George for damages to his automobile and recovered a judgment by default. George neither appeared nor answered, because the citation served upon him on May 1, 1952, recited that the plaintiff’s petition was filed on December 20, 1952. This Court has previously held that a citation which recites an impossible filing date for the plaintiff’s petition is fatally defective. Garza v. Garza, 223 S.W.2d 964.
The judgment is reversed and the cause remanded.
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George v. Elledge, 261 S.W.2d 201 (Tex. Ct. App. 1953).
261 S.W.2d 201 (George v. Elledge) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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