St. Louis & San Francisco Railroad v. Hale
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. Hale, a resident of Oklahoma, sued the railway company, a Missouri corporation, for personal injuries received in Arkansas. Judgment for plaintiff was affirmed on appeal by defendant, who thereupon obtained writ of error.
1Opinion of the CourtJustice Greenwood
This writ of error was granted because it appeared to the court that there probably was no proper service of citation on plaintiff in error.
Two days before the plaintiff in error, a foreign railroad corporation, moved to quash the service of citation, it filed the following motion:
“S. T. Hale vs. St. L. & S. F. R. R. Co. In 15th District Court, Grayson County. Now comes the defendant and moves the court for an order requiring plaintiff to give security for costs. Head, Smith, Hare & Head, Attorneys for Defendant.”
In our opinion, this motion operated as a voluntary appearance by plaintiff in…
2Cases cited8 opinions
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- Hardy v. BeatyTexas Supreme Court · 1892
- Laing v. RigneySupreme Court of the United States · 1896
- Alderson v. WhiteWisconsin Supreme Court · 1873
- Chilhowie Lumber Co. v. J. C. & W. B. Lance & Co.West Virginia Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Werner v. ColwellTexas Supreme Court · 1995
- Jones v. Sheehan, Young & Culp, P.C.Court of Appeals for the Fifth Circuit · 1996
- International Turbine Service, Inc. v. LovittCourt of Appeals of Texas · 1994
- Investors Diversified Services, Inc. v. BrunerCourt of Appeals of Texas · 1963
- Serna v. Webster, Texas Court of Appeals, 4th District (San Antonio)1995
56 more not listed; retrieve them via the Exa API.