Layne v. Darnell

OPINION

LANGDON, Justice.

This appeal is from a summary judgment.

Suit was filed against a father and his daughter on April 8, 1968, for injuries sustained in an automobile collision which occurred in Fort Worth, Texas, on April 10, 1966. Citation was issued for both. The Sheriff of Tarrant County served the father but failed to serve the defendant daughter, Cecelia Annette Huston Darnell, appellee. The Sheriff returned the citation to the District Clerk. He failed to give any notice that he had not served the daughter. When the case was called for trial, plaintiffs’ attorney discovered for the…