Mills v. Paul

JAMES, Chief Justice.

— The defendant in error moves, first, to ■strike out the statement of facts; second, to dismiss the writ of error.

The causes for striking out the statement of facts are not deemed substantial.

One ground urged for dismissing the writ of error is, that the writ of error cites defendant to appear thus, 1 ‘ before the Court of Civil Appeals in the city of Austin, Texas, at the next term thereof, to be holden in the city of Austin, Texas, within sixty days from the date of the service of this citation.” As the citation distinctly designated the time within which appearance…