Dignowity v. Sullivan

FLY, Associate Justice.

-This is a suit on a note for $4,202.31, of date September 21, 1894, and due in September, 1895, instituted by appellee against appellant. The suit was filed on November 21, 1904, and to relieve himself of the bar of the statute of limitations of four years, it was alleged that prior to September, 1899, and before the note was so barred, appellant had absented himself from the State of Texas and had remained without its limits until November 21, 1904, when he was temporarily in Bexar County, where citation was served on him. Appellant pleaded payment and denied that he…