Marburger v. Jackson

OPINION

BISSETT, Justice.

This is a statute of limitations case. Lauretta Marburger sued Clifford Jackson for damages which she alleged resulted from an assault and battery. According to the clerk’s file mark which is stamped on plaintiff’s original petition, the citation which was served on defendant, and a statement which appears in plaintiff’s “motion to disregard findings of jury and motion for judgment,” plaintiff’s suit was filed on August 7, 1972. The defendant, among other defenses, pled the two-year statute of limitations (Article 5526, Vernon’s Ann.Civ.St.). The jury found that…