Goodyear Tire & Rubber Co. v. Pearcy

HICKMAN, Chief Justice.

The appeal is from an order overruling the motion of appellant to dissolve a temporary injunction. In December, 1932, appellant instituted suit in the justice’s court of precinct No. 1, Dallas county, against appellee on an. open account. Citation was duly issued and served, returnable on January 9, 1933, at 10 o’clock a. m. A plea of privilege in statutory form was executed by appellee and mailed to the justice of the peace, but the records of his court disclose that this plea was received at 3 o’clock p. m. on January 9, 1933, several hours after default judgment had…