Boone v. Roberts
Texas Supreme Court
Appeal from Eort Bend County. The facts of this cause will be found stated in the opinion of the court, delivered by Mr. Chief Justice Hemphill. This action, originally, was brought against the intestate of defendant and upon his death revived against the appellant by seire faoias.
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Appeal from Eort Bend County. The facts of this cause will be found stated in the opinion of the court, delivered by Mr. Chief Justice Hemphill. This action, originally, was brought against the intestate of defendant and upon his death revived against the appellant by seire faoias. Admitting, for the sake of argument, that the seire facias in a case of this kind is the proper writ, the exceptions to it taken in the district court should have been sustained — because: 1st. It was not a good writ of seire facias, because it did not in form conform to the law. 2d. It did not aver that the demand…
1Opinion of the CourtHemphill, C. J.
This suit was brought on a note of hand against one Joseph H. Boone, by E. G. Roberts, the appellee in this court. In the progress of the suit after issue joined, but before the trial of the cause, the defendant departed this life. The death being suggested on the record, it was “ ordered that a scire facias issue to his representatives,” which was done; and by which the sheriff was commanded to summon Joseph II. Boone, administrator of J. H. Boone, deceased, to appear at the district court, to be holden for the county of Eort Bend at its next term, “toshow cause, if any he had, why he should…
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