Brumagen v. Hammons

MORRIS, Commissioner.

Appellants were plaintiffs below; appel-lees were made defendants by a petition for revivor. The sole question is whether the court correctly held that the petition was not filed within the time provided by certain sections of Title 11, Civil Code of Practice. The court on submission on pleadings held the move for revivor not within time; overruled a motion to set aside a former order and dismissed the petition for revivor.

Briefly the pleaded facts leading up to the controversial question are: In Febru-afy 1940 Mrs. Letha Hammons became housekeeper for Zack Poindexter,…