Wheeler v. State
Texas Supreme Court
Error from San Augustine. Petition for writ of error fllecl February 10th, 1851. Citation prayed to he served on district attorney residing in Nacog-doches comity. Citation issued February 27th, served March 19th, and returned after tlie 7th April, the day on which the term at Tyler, 1851, commenced. The transcript was not filed until the present term of the court.
Read the full summary
Error from San Augustine. Petition for writ of error fllecl February 10th, 1851. Citation prayed to he served on district attorney residing in Nacog-doches comity. Citation issued February 27th, served March 19th, and returned after tlie 7th April, the day on which the term at Tyler, 1851, commenced. The transcript was not filed until the present term of the court. Tlie defendant moved to dismiss the writ of error, on the ground that it did not appear that any proper or legal citation had been issued or that the State had in any proper way been made a party in error in this court. Afterwards…
1Opinion of the Court
Hemphill, Ch. J.
This cause is brought up by writ of error from the county of San Augustine.
The defendant in error moved to dismiss, on the ground that it did not appear that any proper or legal citation has been issued which can require the State to appear in tiiis court and defend the writ of error herein, and because it does not appear that the State has in any proper way been made a party in error in this court.
The statute regulating the mode of bringing up judgments by writs of error declares that, upon tlie filing of a petition for a writ of error, the clerk of the District Court “shall…
2Cited by13 opinions
- Black v. EppersonTexas Supreme Court · 1874
- Floyd v. RiceTexas Supreme Court · 1866
- Hinkle v. ThompsonCourt of Appeals of Texas · 1917
- Martin v. StateCourt of Appeals of Texas · 1934
- Chambers v. ShawTexas Supreme Court · 1856
8 more not listed; retrieve them via the Exa API.