George v. Elledge

Court of Appeals of Texas

George v. Elledge

261 S.W.2d 201

CourtCourt of Appeals of Texas

DecidedSeptember 9, 1953

DocketNo. 12581

StatusPublished

Cited by2 cases

This text of 261 S.W.2d 201 (George v. Elledge) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

George v. Elledge, 261 S.W.2d 201 (Tex. Ct. App. 1953).

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Opinion

POPE, Justice.

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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POPE, Justice.

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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Bluebook (online)

261 S.W.2d 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-elledge-texapp-1953.

Opinion

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