Fulghum v. Baxley

CRAMER, Justice.

Appellant Fulghum brought this suit against appellees, H. N. Baxley and others,, for damages growing out of an automobile accident on September 28, 1945, at the intersection of Midway Road, Lovers Lane, and Bluff View Boulevard in the City of Dallas. The suit was filed Monday, September 29, 1947, one day after the expiration of two years from the date of the accident. The defendants plead the two-year statute of limitation on the pre-trial hearing and the case was dismissed. From such order this appeal was perfected. The only question now is whether Rule 4, Texas Rules of…