Vaughn v. Deitz

WALKER, Justice.

The question to be decided here is whether Article 5537,1 which suspends the statute of limitations while the defendant is “without the limits of this State,” applies in a case where substituted service of process is available under the provisions of Article 2039a. We hold that it does.

There is no dispute as to any of the material facts. Suit was instituted by John Deitz and wife against Virgil A. Vaughn and wife to recover damages arising out of an automobile collision. The collision occurred on January 11, 1964, and the suit was filed on January 18, 1966. Both plaintiffs and…