Chambers v. Chapman
Texas Supreme Court
Error from Chambers. Tried below before the Hon. Samuel A. Willson. The only fact of any significance is stated in the opinion.
1Opinion of the CourtLindsay, J.
In the case of Frosh v. Schlumpf, 2 Texas R., p. 422, it was decided by this court that the process, or citation, calling upon a party to answer to a suit, when not under seal, is void, and the party defendant may appear and take advantage of it by motion to quash; or, upon a writ of error, he may obtain a reversal of a judgment rendered by default. The statute (Art. 1431, Paschal’s Digest,) is certainly very explicit in requiring all writs and process to have the seal of the court affixed to give them validity. The citation in this case was without the seal of the court, and for that reason…
2Cited by2 opinions
- Moore v. Perry Et UxCourt of Appeals of Texas · 1896
- Ollora v. StateCourt of Criminal Appeals of Texas · 1910