Bynum v. Shatto

OPINION ON MOTION FOR REHEARING

The appellant, in his motion for rehearing, contends that this Court erred in failing to hold that appellee’s answers to his request for admissions were a nullity because they were not filed “within ten days” in response to the request. The appellant cites McKinney v. Croan, 144 Tex. 9, 188 *812S.W.2d 144 (1945) which he contends is directly in point. The question, however, in McKinney was whether a reply by defendant to plaintiff’s request for admissions was filed in time. The court in that case stated:

“Plaintiff’s request for admission was not received by…