Bouknight v. Langdeau

On Appellee’s Motion for Rehearing

Appellee complains of our ruling that no presentment was made under Art. 2226, *681V.A.C.S., authorizing the allowance of attorneys’ fees and he has filed a supplemental transcript containing the Officer’s Return showing service on and delivery of copy of appellee’s petition to appellant on January 16, 1958.

If our order reversing and remanding this case is valid then the question of timely presentment of claim under this statute will not arise upon retrial. It was stipulated that presentment or demand for payment had been made and much more than the thirty days…