Batey v. Dibrell & Brother
Texas Supreme Court
Error from G-uadaloupe. The case was tried before Hon. A. W. Terrell, one of the district judges. The writ of error in this case was sued out by H. H. Batey and J. H. Fennell, against whom there was judgment below, on a forfeited delivery bond, in favor of Dibrell & Brother. The return made by the sheriff upon the writ of error is stated substantially in the opinion of the court. ' The transcript was taken out by the defendants in error, and filed in this court.
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Error from G-uadaloupe. The case was tried before Hon. A. W. Terrell, one of the district judges. The writ of error in this case was sued out by H. H. Batey and J. H. Fennell, against whom there was judgment below, on a forfeited delivery bond, in favor of Dibrell & Brother. The return made by the sheriff upon the writ of error is stated substantially in the opinion of the court. ' The transcript was taken out by the defendants in error, and filed in this court. There was no assignment of errors. The court applied the rule of strictness required in the service of original process. (Paschars…
1Opinion of the CourtSmith, J.
—The defendants in error filed the transcript in this cause, and submit it with a suggestion of delay. There is no assignment of errors in the record. The suggestion of delay, however, operates as a waiver of this want, and necessarily brings in review the whole cause, and to the notice of the court any error apparent.
The service of the writ of error is defective. It does not appear from the sheriff’s return that a copy of the petition for writ of error was served on the defendants, as is required. (O. & W. Dig., Arts. 411, 416, 554.) The return is, that it was served by delivering to the…
2Cases cited3 opinions
- Thomason v. BishopTexas Supreme Court · 1859
- Underhill v. LockettTexas Supreme Court · 1857
- Hart v. CliftonTexas Supreme Court · 1857
3Cited by3 opinions
- Wilson v. John I. Adams & Co.Texas Supreme Court · 1878
- United States Fidelity & Guaranty Co. v. DanielCourt of Appeals of Texas · 1935
- Mo. Pac. R'y Co. v. PattersonCourt of Appeals of Texas · 1885