East Texas Fire Ins. v. Templeton

Opinion by

Hurt, J.

§ 424. Limitation; institution of suit does not stop the running of, unless, etc.; case stated. Appellees instituted this suit against appellant upon a policy of fire insurance, and recovered judgment for the amount of the policy and for costs. The fire occurred February 9, 1885. The petition was filed February 6, 1886. Citation was issued April 11, 1881. There is a stipulation in the policy of insurance to the effect that an action thereon should be barred unless suit should be instituted within twelve months from the date of the policy. Appellant pleaded this stipulation…