Hitt v. Bell

BAUGH, Justice.

This appeal presents but one question. That is, whether the appellant prosecuted his suit diligently after it was filed, so as to toll the four-year statute of limitation (Art. 5527, Sec. 1, R.C.S.1925) as against his cause of action. The trial court found as a fact that he did, overruled appellant’s plea of limitation, and rendered judgment against him; hence this appeal.

The history of the case and the undisputed facts are as follows:

On September 11, 1935, Bell filed suit against three defendants, including appellant, on a promissory note due on November 10, 1931. Citations…