Legal Opinion

George v. Elledge

Court of Appeals of Texas

Decided September 9, 1953No. 12581PublishedCited by 2 opinions

1Opinion of the Court

POPE, Justice.

Appellee, Elledge, sued James I. George for damages to his automobile and recovered a judgment by default. George neither appeared nor answered, because the citation served upon him on May 1, 1952, recited that the plaintiff’s petition was filed on December 20, 1952. This Court has previously held that a citation which recites an impossible filing date for the plaintiff’s petition is fatally defective. Garza v. Garza, 223 S.W.2d 964.

The judgment is reversed and the cause remanded.

2Cases cited1 opinion

  1. Garza v. GarzaCourt of Appeals of Texas · 1949

3Cited by2 opinions

  1. McGraw-Hill, Inc. v. Futrell, Texas Court of Appeals, 1st District (Houston)1992
  2. Scoggins v. Best Industrial Uniform Supply Co.Court of Appeals of Texas · 1995