Cloyes v. Phillip
Court of Appeals of Texas
Error from District Court, Mitchell County; Jas. L. Shepherd, Judge. Action by H. E. Phillip and another against J. B. Cloyes and others. Judgment for plaintiffs, and defendant Jackson and others bring error.
1Opinion of the CourtDunklin, J.
A. M. Jackson, R. C. Crane, S. A. Cole, and J. B. Cloyes prosecuted this writ of error from a judgment rendered against them in favor of H. E. and Emily Phillip upon a promissory note. Jackson filed an answer to defendants in error’s petition in the trial court; but the judgment against all the other plaintiffs in error was by default.
[1] By the first and second assignments of error, the contention is made that the sheriff’s return upon the citation to Cole and Crane showed service in the year “11,” an impossible date, and does not, by any indorsement thereon, appear to have been filed by the…
2Cases cited3 opinions
- Schneider v. DorseyTexas Supreme Court · 1903
- Lessing v. GilbertCourt of Appeals of Texas · 1894
- O'Donnell v. KirkesCourt of Appeals of Texas · 1912
3Cited by2 opinions
- Miller v. DavisCourt of Appeals of Texas · 1915
- Missouri State Life Ins. v. RhyneCourt of Appeals of Texas · 1925