Marts v. Cauley

Eberhardt, Judge.

Marts filed suit for loss of consortium, medical expenses, etc., against Cauley, alleging that Cauley was responsible for an automobile collision in which Marts’ wife *24was injured. Cauley answered, denying the material allegations of the petition. Subsequently Cauley filed a plea for stay under the Soldiers’ and Sailors’ Civil Relief Act (50 USCA, App. § 521), alleging that he was in Vietnam and that such military service affected and impaired his ability to defend the action. Marts argues, however, that in Mrs. Marts’ own prior suit against Cauley growing out of the same…