WOODCOCK, CUMMINGS, TAYLOR & FRENCH, INC. v. CROSSWELL

No. 15779.

468 S.W.2d 864 (1971)

WOODCOCK, CUMMINGS, TAYLOR & FRENCH, INC., Appellant, v. H. Markley CROSSWELL, III, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

May 27, 1971.


Attorney(s) appearing for the Case

Barrow, Bland & Rehmet, David Claflin, Houston, for appellant.

Van E. McFarland, Houston, for appellee.


PEDEN, Justice.

Suit against a foreign corporation for damages for failure to deliver certain securities. Service of citation on the defendant corporation was sought by serving the Texas Secretary of State under the provisions of Article 2031b, Vernon's Ann.Texas Civil Statutes. A default judgment was entered in favor of the plaintiff, H. M. Crosswell, III, and the brokerage firm now seeks to set it aside by writ of error.

The non-resident defendant urges...

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