Conner v. W. C. Bowman Lumber Co.

On Motion for Rehearing.

Plaintiff in error points out that there was in fact no misstatement of the date upon which it was cited to appear and answer as stated in the motion of defendant in error to set aside the judgment; that the defect in the citation was a misstatement therein of the date upon which the petition was filed, the date stated being May 30, 1931, whereas the correct date was March 30, 1931; that this was an irregularity which vitiated the citation upon direct attack, but was not such defect as to render the judgment void; and therefore the trial court was without jurisdiction…