Court of Civil Appeals of Texas, 1953

George v. Elledge

George v. Elledge
Court of Civil Appeals of Texas · Decided September 9, 1953 · Pope
261 S.W.2d 201 (South Western Reporter, Second Series)

George v. Elledge

Opinion of the Court

POPE, Justice.

Appellee, Elledge, sued James I. George for damages to his automobile and recovered a judgment by default. George neither appeared nor answered, because the citation served upon him on May 1, 1952, recited that the plaintiff’s petition was filed on December 20, 1952. This Court has previously held that a citation which recites an impossible filing date for the plaintiff’s petition is fatally defective. Garza v. Garza, 223 S.W.2d 964.

The judgment is reversed and the cause remanded.

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