Astro Sign Company v. Sullivan

OPINION

YOUNG, Justice.

This is a plea in abatement case. Paul Sullivan filed a suit in the 93rd District Court of Hidalgo County to recover commissions due him as an employee. That cause was numbered B-26,371. He complained in that petition of “Joe Norman, d/b/a Astro Signs, Division of Commander Board of South Texas, Inc.” Thereafter, Sullivan prepared an amended petition wherein Astro Sign Company, a division of Commander Board of South Texas, Inc., was clearly named as a party defendant. On February 6, 1973 a copy of the amended petition was mailed to and subsequently received by the…