Brillhart v. Beever
Court of Appeals of Texas
Error from District Court, Hemphill County; W. R. Ewing, Judge. Action by G. C. Brillhart against J. O. Beever. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
On Motion to Quash Citation, Strike Statement of Facts, and 'Dismiss Writ of Error.
HALL, J.
[1, 2] Defendant in error moves this court to quash the citation in error because the sheriff is commanded to return the process within 30 days. Article 2091, R. S., provides that the citation in error shall be made returnable within 10 days from- the date of its issuance if the defendant in error resides in the county, and in within 20 days if he resides out of the county. The error of the clerk in designating the return day is not such error as requires us to quash the citation. The purpose of the…
2Cases cited4 opinions
- Louisiana-Rio Grande Canal Co. v. QuinnCourt of Appeals of Texas · 1913
- McLane v. HaydonCourt of Appeals of Texas · 1914
- Missouri, Kansas & Texas Railway Co. v. WaggonerTexas Supreme Court · 1909
- Texas & New Orleans Railway Co. v. HareCourt of Appeals of Texas · 1893
3Cited by24 opinions
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Post v. GillespieCourt of Appeals of Maryland · 1959
- Southwestern States Oil & Gas Co. v. Sovereign Resources, Inc.Court of Appeals of Texas · 1963
- Godfrey v. Central State Bank of AbileneCourt of Appeals of Texas · 1928
- Rhoades v. El Paso & S. W. Ry. Co.Court of Appeals of Texas · 1921
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