McLaughlin v. Horn-Allen Co.

JACKSON, Justice. ,

This suit was instituted by appellee in the district court of Hartley county to recover a balance due on a note executed by appellant on March 25, 1929, for the sum of $843.85, payable to appellee on July 25, 1929, with interest thereon at the rate of 10 per cent, per annum from date until paid.

The appellant answered by general demurrer, several so-called special issues, general denial; pleaded that the appellee failed to use due diligence to have citation issued after its petition was filed, and therefore the note sued on was barred by the statute of four-year limitation;…