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VAUGHN v. DEITZ

No. B-738.

430 S.W.2d 487 (1968)

Virgil A. VAUGHN et ux., Petitioners, v. John D. DEITZ et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Touchstone, Bernays & Johnston, Charles Beresford and Wade C. Smith, Dallas, for petitioners.

Baker, Jordan & Foreman, William Carl Block and Joe Boudreaux, Dallas, for respondents.

WALKER, Justice.

The question to be decided here is whether Article 5537,1 which suspends the statute of limitations while the defendant is "without the limits of this State," applies in a case where substituted service of process is available under the provisions of Article 2039a. We hold that it does.

There is no dispute as to any of the material facts. Suit was instituted by John Deitz and wife against Virgil A. Vaughn and wife...

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