Biesenbach v. Key
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. Appellee John M. Key brought this suit against Mrs. L. Biesenbach and her husband, A. Biesenbach, by suing out a distress warrant in the justice court of precinct number 3, in Washington county, to secure the sum of $200 rent for a portion of the “ Central Hotel” in the city of Brenham, for the months of June, July, August, September and October, 1883. Citation was issued on the same day, and warrant and…
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. Appellee John M. Key brought this suit against Mrs. L. Biesenbach and her husband, A. Biesenbach, by suing out a distress warrant in the justice court of precinct number 3, in Washington county, to secure the sum of $200 rent for a portion of the “ Central Hotel” in the city of Brenham, for the months of June, July, August, September and October, 1883. Citation was issued on the same day, and warrant and citation were made returnable to the county court of Washington county. On November 5, 1883, appellee filed his original…
1Opinion of the Court
Willie, Chief Justice.
The court did not err in overruling defendants’ motion to quash the citation issued by the justice of the peace. It was held in Portis v. Parker, 8 Tex., 28, that when process is issued in the name of the state of Texas, with the name of a county added, the name of the county may be rejected as surplus-age. Also that the name of the county maybe stricken out by amendment, as was done in this case. See, also, McMahan v. Boardman, 29 Tex., 170. The citation could not state the number of the suit, as it had not been commenced in the county court where it was to be tried.…
2Cases cited1 opinion
- McMahan v. BoardmanTexas Supreme Court · 1867
3Cited by2 opinions
- Johnson v. HulettCourt of Appeals of Texas · 1909
- Davis v. WashingtonCourt of Appeals of Texas · 1898