Legal Opinion

Gentry v. Griffith, Hyatt & Co.

Texas Supreme Court

Decided July 1, 1864PublishedCited by 9 opinions

Error from Harris. Tried below before the Hon. P.W. Gray. The defendants in error brought this suit in the District Court of Harris county, against the plaintiff in error and George K. Otis, on a promissory note for $149. The petition was filed on the 5th of August, 1859. On the 8th of August, 1859, citation for A. M. Gentry, issued to the sheriff of Harris county, and in November following was returned “no service, the within named A. M. Gentry not to be found in my…

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Error from Harris. Tried below before the Hon. P.W. Gray. The defendants in error brought this suit in the District Court of Harris county, against the plaintiff in error and George K. Otis, on a promissory note for $149. The petition was filed on the 5th of August, 1859. On the 8th of August, 1859, citation for A. M. Gentry, issued to the sheriff of Harris county, and in November following was returned “no service, the within named A. M. Gentry not to be found in my county.” Thereupon an alias citation for the defendant Gentry issued to the sheriff of Travis county, who executed it in due…

1Opinion of the CourtMoore, J.

We are of the opinion that the exception to the service of the citation in this case was properly overruled. The only question in the case depends upon the proper construction of section 16, article 8 of our State constitution, which reads as follows: “ Senators and representatives shall, in all cases, except in treason, felony, or breach of the peace, be privileged from arrest during the session of the legislature, and in going to and returning from the same, allowing one day,” &c. The counsel for the appellant insist, in an ingenious and able argument, that this clause of the constitution…

2Cited by9 opinions

  1. Long v. AnsellSupreme Court of the United States · 1934
  2. Long v. AnsellCourt of Appeals for the D.C. Circuit · 1934
  3. Rhodes v. WalshSupreme Court of Minnesota · 1893
  4. Phillips v. BrowneIllinois Supreme Court · 1915
  5. Berlet v. WearyNebraska Supreme Court · 1903

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