Zarate v. Ateca

(after stating the case as above).

In view of his status as a nonresident of this state, it is thoroughly settled the filing of the suits against Ateca did not suspend the running of the statute of limitations in his favor. Lynch v. Ortlieb, 87 Tex. 590, 30 S.W. 545; Veeder v. Gilmer, 103 Tex. 458, 129 S.W. 595; Wm. Bondies & Co. v. Bassel-Flewellen (Tex.Civ.App.) 28 S.W.(2d) 1109, and other cases cited in 28 Tex.Jur., p. 234, note 5.

Plaintiffs in error seek to avoid the plea of limitation upon the theory that Ateca held in trust the assets of the partnership and corporation and the statute of…