NAULS v. COLBY

No. 17347.

448 S.W.2d 857 (1969)

Ellis J. NAULS, Appellant, v. John COLBY, d/b/a, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 9, 1970.


Attorney(s) appearing for the Case

Don Hinds, Yarborough, Yarborough, Johnson & Hinds, Dallas, for appellant.

L. W. Anderson, Anderson, Henley, Shields, Bradford & Pritchard, Dallas, for appellee.


BATEMAN, Justice.

This appeal involves only the question of whether the trial court correctly sustained appellee's plea of the two year statute of limitation (Vernon's Ann.Civ.St., Art. 5526) to appellant's suit for damages on account of bodily injuries alleged to have been inflicted upon him on or about March 17, 1966.

The suit was filed January 31, 1968, well within the two year period, but citation was not issued until December 27, 1968,

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