Smith v. Hillsboro State Bank

MONTEITH, Chief Justice.

This action was brought by appellee, Hillsboro State Bank, for recovery from appellant of funds which appellee alleged had been erroneously credited to appellant in appellee’s bank.

Appellant, in his answer, denied appellee’s claim and plead the two year statute of limitations.

This suit was filed on August 14, 1951, in the District Court of Hill County and was transferred to the County 'Court at Law of Harris County on appellant’s plea of privilege. The case was set for trial on April 28, 1952, but was not called when the trial court had sounded his docket the preceding…