Butler v. Express Pub. Co.

On Motion for Rehearing.

The appellee asserts that our holding is in conflict with the cases of Martinez v. Dragna, Tex.Civ.App., 73 S.W. 425, and Bickford v. Refugio Land & Irrigation Company, Tex.Civ.App., 143 S.W. 1188. In the first case the citation was not served and no answer was filed. In the latter case the citation was served upon the correct officer but in an incorrect-name of the corporation. The corporation did not enter an appearance. In the present case the Express Publishing Company filed an answer, on February 6, 1936, which, after giving the style and number of the cause,…