Atwood Cotton Breeding Farms v. Flowers

This is an appeal from an order of the trial court overruling appellant’s plea of privilege. The only question involved is whether appellee filed his controverting affidavit within the time required by law. The suit was instituted on May 27, 1931. Citation was issued and served, returnable to the June term of court which convened June 8, 1931. The citation was not served within time to require appellant to answer to said term. On June 8th appellant filed its plea of privilege. On July 25, 1931, appellee filed his controverting affidavit and proper notice thereof was given, and thereafter same…