Hill v. Burton

RICE, Judge.

Appellee claimed that his Ford car was injured or damaged through the negligence of appellant; and that the accident occurred on January 22, 1939. Thereafter, on January 20, '1940, appellee brought suit against appellant, but described appellant as “Herbert” Hill.

The suit was duly. filed on the date named, but if “summons” was issued to the defendant it does not appear; certainly it was never served upon him.

Later, on April 21, 1941 — after the statute of limitations would have normally run against an action for the damages suffered in the accident of January 22, 1939- — appellee…