PATRICK v. CALLAN

No. 3965.

353 S.W.2d 40 (1961)

Ralph B. PATRICK, Appellant, v. Michael CALLAN, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 1, 1962.


Attorney(s) appearing for the Case

Beard, Kultgen & Beard, Waco, for appellant.

Riley, Jones, Boyd & Lovelace, Waco, for appellee.


WILSON, Justice.

The trial court dismissed plaintiff's action on defendant's plea of limitation, the judgment reciting all matters of law and fact had been submitted to the court. The parties stipulated: plaintiff's attorney was employed by an insurance company to institute a subrogation action arising out of an automobile collision occurring March 2, 1959; suit was filed April 4, 1960 by mailing the petition to the clerk with a cost deposit; no copy of the petition...

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