Reid v. First Nat. Bank of Mabank

Court of Appeals of Texas

Reid v. First Nat. Bank of Mabank

97 S.W.2d 970

Court of Appeals of Texas·Decided October 15, 1936·No. No. 3431·Published

Opinion

HIGGINS, Justice.

October 1, 1935, appellee sued appellant on the latter’s note which was payable October 1, 1931. Citation issued October 3, 1935.

The deputy county clerk testified that when the suit was filed he delayed the issuance of citation at the request of plaintiff’s attorney, who stated he would come by in a few days and pick it up. There is no evidence to the contrary and none which excuses the action of the attorney in delaying the issuance of the citation.

Under such circumstances the defendant’s plea of limitation should have been sustained. 28 Tex.Jur., Limitation of Actions, §§ 100, 101 and 102.

Reversed and rendered.

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HIGGINS, Justice.

October 1, 1935, appellee sued appellant on the latter’s note which was payable October 1, 1931. Citation issued October 3, 1935.

The deputy county clerk testified that when the suit was filed he delayed the issuance of citation at the request of plaintiff’s attorney, who stated he would come by in a few days and pick it up. There is no evidence to the contrary and none which excuses the action of the attorney in delaying the issuance of the citation.

Under such circumstances the defendant’s plea of limitation should have been sustained. 28 Tex.Jur., Limitation of Actions, §§ 100, 101 and 102.

Reversed and rendered.

Reid v. First Nat. Bank of Mabank, 97 S.W.2d 970 (Tex. Ct. App. 1936).

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