Lemothe v. Cimbalista by Gates
Court of Appeals of Texas
1Opinion of the Court
W. O. MURRAY, Chief Justice.
This suit was instituted by Patricia Cimbalista, by and through her next friend, Mrs. Mary Gates, in the 103rd District Court of Cameron County, against J. R. Lemothe, seeking to recover damages in the sum of $10,000, alleged to have resulted from an automobile collision. Citation was issued on May 13, 1949, and was served on defendant on September 22; 1949, in Ward County, Texas.' The citation carried the following directive: “If this citation'is not served within ninety days after date of its issuance it shall be returned unserved.” Thus it appears that the…
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