Opinion · Txlaw Texas

REID v. FIRST NAT. BANK OF MABANK, 97 S.W.2d 970 (Tex.Civ.App.-El Paso 1936)

REID v. FIRST NAT. BANK OF MABANK., 97 S.W.2d 970 (Court of Civil Appeals of Texas, El Paso. 1936)

Type: Opinion
Court: Txlaw Texas
Jurisdiction: Txlaw
Date: 1936-10-15
Topic: general

REID v. FIRST NAT. BANK OF MABANK, 97 S.W.2d 970 (Tex.Civ.App.-El Paso 1936) REID v. FIRST NAT. BANK OF MABANK.

Citator

UpLaw has not yet analyzed REID v. FIRST NAT. BANK OF MABANK, 97 S.W.2d 970 (Tex.Civ.App.-El Paso 1936). The absence of a flag is not a finding that it is good law.

REID v. FIRST NAT. BANK OF MABANK,97 S.W.2d 970(Tex.Civ.App.-El Paso 1936)

REID v. FIRST NAT. BANK OF MABANK.

No. 343 1.

Court of Civil Appeals of Texas, El Paso.

October 15, 1936.

Appeal from Kaufman County Court; Ben Brooks, Judge.

Action by the First National Bank of Mabank, Texas, against J. W. F. Reid. Judgment for plaintiff, and defendant appeals.

Reversed and rendered.

Bishop Holland, of Athens, for appellant.

Carlisle Henry, of Kaufman, for appellee.

HIGGINS, Justice.

October 1, 1935, appellee sued appellant on the latter's note which was payable October 1, 1931. Citation issued October 3, 1935.

The deputy county clerk testified that when the suit was filed he delayed the issuance of citation at the request of plaintiff's attorney, who stated he would come by in a few days and pick it up. There is no evidence to the contrary and none which excuses the action of the attorney in delaying the issuance of the citation.

Under such circumstances the defendant's plea of limitation should have been sustained. 28 Tex.Jur., Limitation of Actions, §§ 100, 101 and 102.

Reversed and rendered.