FRANKS v. MONTANDON

No. 11805.

465 S.W.2d 800 (1971)

Q. S. FRANKS dba Q. S. Franks Demolishing Company, Appellant, v. Truman MONTANDON et al., Appellees.

Court of Civil Appeals of Texas, Austin.

March 17, 1971.


Attorney(s) appearing for the Case

Richard E. Kammerman, Austin, for appellant.

No brief filed by appellees.


PHILLIPS, Chief Justice.

Appellees, the plaintiffs below, filed suit against the Appellant, defendant below, for breach of contract in July, 1969. The transcript discloses that the sheriff's office made one unsuccessful attempt to serve Appellant.

Subsequently, Appellees filed a motion for service under Rule 106, Texas Rules of Civil Procedure, for substituted service on Appellant. No affidavits were presented to...

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