Thompson v. Griffis
Texas Supreme Court
Error from Rusk. Tried below before the Hon. William W. Morris. Suit by appellee against Brown, Cornelius and Thompson. Three original citations were issued, each directing the Sheriff to summon Brown, Cornelius and Thompson ; but one endorsed “ original citation for Brown, issued Nov. 9th, 1854, John P. “Grigsby, 0. D. C,” and was returned served on Brown. Another was similarly endorsed for Cornelius, and was returned that Cornelius was not to be found.
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Error from Rusk. Tried below before the Hon. William W. Morris. Suit by appellee against Brown, Cornelius and Thompson. Three original citations were issued, each directing the Sheriff to summon Brown, Cornelius and Thompson ; but one endorsed “ original citation for Brown, issued Nov. 9th, 1854, John P. “Grigsby, 0. D. C,” and was returned served on Brown. Another was similarly endorsed for Cornelius, and was returned that Cornelius was not to be found. The third was similarly endorsed for Thompson, and was returned as stated in the Opinion. The entry of judgment read “ for which execution…
1Opinion of the CourtRoberts, J.
The defendant in error submits this case with a suggestion of delay, and files a brief to show that service on Thompson, one of the defendants, is good, and that he appeared on the trial.
The record shows service on Brown, and that Cornelius was not found. There is another citation directing the Sheriff to summon Cornelius, Brown and Thompson, and there is a return thereon as follows : “ Executed on Nov. 11th,. “ by delivering a true copy of writ and petition, 1854,” which is signed by the Sheriff.
The judgment recites, “ and now come the parties' by their “ attorneys, and plaintiff dismisses…
2Cited by5 opinions
- Central & Montgomery Railroad v. Morris & CrawfordTexas Supreme Court · 1887
- Caldwell v. BrownTexas Supreme Court · 1875
- Scruggs v. GribbleCourt of Appeals of Texas · 1929
- Mossman v. DamonHawaii Supreme Court · 1904
- Preusser v. SealeyCourt of Appeals of Texas · 1955