Hughes v. McClatchy

GRISSOM, Chief Justice.

S. W. Hughes sued E. E. McClatchy to revive a dormant judgment against McClatchy owned by Hughes. A jury found that after the suit was filed, Hughes failed to exercise diligence to get personal service of citation on McClatchy prior to March 31, 1950. The court held the suit was barred by limitation, rendered judgment for defendant and Hughes has appealed.

The substance of appellant’s points are that the statute, Art. 5532, requires only that such a suit be “brought” within ten years after the date of the judgment; that the evidence conclusively shows the suit was filed,…