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CATES v. PON

No. B14-83-236CV.

663 S.W.2d 99 (1983)

James N. CATES, Appellant, v. James C. PON, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 12, 1984.

Attorney(s) appearing for the Case

Michael B. Lee, Fouts & Moore, Houston, for appellant.

Howard A. Lang, Jr., Houston, for appellee.

Before PAUL PRESSLER, ROBERTSON and CANNON, JJ.

OPINION

CANNON, Justice.

This is an appeal by writ of error from a default judgment rendered against James N. Cates in a suit upon a promissory note. Appellant contends that the judgment against him is void for want of in personam jurisdiction because the service and return of citation were fatally defective. We agree.

On October 13, 1980, appellee filed suit against appellant and his wife, Elizabeth Cates, upon a promissory note. Mrs. Cates was...

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