Hill v. Baylor
Texas Supreme Court
Error from. Fayette. Tried below before the Hon. James H. Bell. This was an action of trespass to try title to a tract of land, brought by Walker K. Baylor and another, the defendants in error, against the plaintiff in error and others.
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Error from. Fayette. Tried below before the Hon. James H. Bell. This was an action of trespass to try title to a tract of land, brought by Walker K. Baylor and another, the defendants in error, against the plaintiff in error and others. The petition alleged, that the plaintiff in error was a non-resident of the state; it was filed on the 21st day of October, 1856. On the same day, there was issued by the clerk of the District Court, a citation for publication, as to the non-resident defendants, containing the substance of the petition; and the sheriff returned it, served by publication in a…
1Opinion of the CourtWheeler, C. J.
The sheriff’s return upon the writ shows, that publication had been made for four successive weeks. The return does not appear to have been made until after the expiration of four weeks. That was after the first day of the term. But no action was taken until the next succeeding term; and the plaintiff did not proceed to final judgment until the second term. If the service was not made sufficient time before the return term of this writ, it was good for the succeeding term. The defendant had until the succeeding term to answer. It is not perceived, that the ease is different from that of…
2Cited by19 opinions
- Saldano v. StateCourt of Criminal Appeals of Texas · 2002
- Memphis Cotton Oil Co. v. TolbertCourt of Appeals of Texas · 1914
- Dickson v. DicksonCourt of Appeals of Texas · 1976
- Harris v. DaughertyTexas Supreme Court · 1889
- Radford v. RadfordCourt of Appeals of Texas · 1931
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