Tribby v. Wokee

Collard, Judge.

The note (securing vendor’s lien on land) sued on was due November 25, 1880; the original petition was filed September TO, 1883; the record shows citation issued November 4, 1885. Appellant claims that the delay in issuing citation ivas equivalent to delaying suit until the citation issued, and that therefore the cause of action was barred by statute of limitations.

In this State the filing of the petition in the District Court is the commencement of suit and stops the running of the statute of limitations. Rev. Stats., art. 1181; Pasch. Dig., art. 1425.

If it had been shown on…