Powell v. Shivey

HARDY, Judge.

This action was instituted by plaintiff seeking a money judgment in the nature of damages for the breach of a real estate brokerage contract entered into with defendant. The suit' was filed and citation issued and served on defendant on November 11, 1960. An exception to the citation interposed on behalf of defendant was sustained, and the citation was annulled and set aside by judgment of the district court rendered December 7, 1960. Pending action on defendant’s exception plaintiff caused to be issued and served on counsel for defendant-exceptor a copy of the original petition…