Artex Refining Co. v. Pollard & Lawrence

On Motion for Rehearing.

Appellants in their motion for rehearing earnestly insist that we were in error in our original opinion, handed down on January 5th, 1939, affirming the judgment of the court below, for the reason that this appeal presents fundamental error in the following particular: Appellees in their original petition alleged the residence of appellants to be in Smith County, Texas, but service of citation was had upon them in Cooke County, Texas. Appellants cite in support of this contention Walden v. Locke, Tex.Civ.App., 33 S.W.2d 475; Tyler v. Blanton, 34 Tex.Civ.App. 393, 78…