Overton v. Terry

Gould, Associate Justice.

The judgment in this case was rendered July 18, 1873; a petition for writ of error *774was filed July 13, 1874, and a supersedeas bond on ISTovemvember 18, 1874; but no citation in error was issued until June 25,1875, a term of this court having intervened.

The transcript was filed at the Austin Term, 1876; but the case was, on motion of defendants in error, dismissed, because the citations in error were defective, being made returnable at the wrong time. The plaintiff in error perfected service of citation in time for Austin Term, 1877; but his counsel who had charge of…