HUGHES v. McCLATCHY

No. 2892.

242 S.W.2d 799 (1951)

HUGHES v. McCLATCHY.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 19, 1951.


Attorney(s) appearing for the Case

Woodruff & Holloway, Brownwood, for appellant.

Burks & McNeil, Lubbock, Davis & Allcorn, Brownwood, for appellee.


GRISSOM, Chief Justice.

S. W. Hughes sued E. E. McClatchy to revive a dormant judgment against McClatchy owned by Hughes. A jury found that after the suit was filed, Hughes failed to exercise diligence to get personal service of citation on McClatchy prior to March 31, 1950. The court held the suit was barred by limitation, rendered judgment for defendant and Hughes has appealed.

The substance of appellant's points are that the statute, Art. 5532, requires...

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