TEXAS INDUSTRIES, INC. v. SANCHEZ

No. 18547.

521 S.W.2d 133 (1975)

TEXAS INDUSTRIES, INC., Appellant, v. Henry SANCHEZ, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 3, 1975.


Attorney(s) appearing for the Case

Stewart DeVore, Jr., Philip C. McGahey, Bagby, McGahey, Ross & DeVore, Arlington, for appellant.

Lee Arnett, Brownsville, for appellee.


GUITTARD, Justice.

In this bill-of-review proceeding the trial court set aside its earlier judgment in favor of appellant Texas Industries, Inc., against appellee Henry Sanchez on the ground that Sanchez was never served with citation. We affirm because we hold: (1) that the evidence supports the trial court's implied finding that the officer did not actually deliver the citation to defendant Sanchez; (2) that in absence of proper service the defendant was not required...

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