Price v. Anderson's Estate

In Price v. Anderson's Estate, 522 S.W.2d 690 (Tex. 1975), the petition in a personal injury suit named the estate as the defendant, citation was served on the administrator, and an attorney filed an answer for the estate. Id. at 691. More than two years after the accident a motion to dismiss was filed on the grounds that the proper party had not been sued within the time permitted by the applicable statute of limitations. Id. The trial court rendered judgment that the plaintiff take nothing against either the estate or the administrator. Id. The Supreme Court recognized that the situation presented in the appeal was not a true misnomer case; nevertheless, the court rejected the argument that the suit was a nullity until the representative was joined as a party. The court held that the suit commenced with the filing of the original petition. Price, 522 S.W.2d at 692.