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KIRKEGAARD v. FIRST CITY NAT. BK. OF BINGHAMTON, N. Y.

No. 7407.

486 S.W.2d 893 (1972)

Edythe KIRKEGAARD, Appellant, v. FIRST CITY NATIONAL BANK OF BINGHAMTON, NEW YORK, Appellee.

Court of Civil Appeals of Texas, Beaumont.

November 2, 1972.

Attorney(s) appearing for the Case

Pat Maloney, San Antonio, for appellant.

Gray, Gardner, Robison & Cobb, San Antonio, for appellee.

DIES, Chief Justice.

First City National Bank of Binghamton, New York, sued appellant on a promissory note in the District Court of Bexar County on August 12, 1971. On October 14, 1971, Bank's attorney mailed a motion for service under Rule 106 to the district judge enclosing an order. The unverified motion alleged:

"Now comes Plaintiff and would show that the Sheriff has been unable to serve the Defendant personally as she apparently is avoiding service...

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