Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Wheat

Texas Supreme Court

Decided March 11, 1887No. 2369PublishedCited by 6 opinions

Appeal from Fort Bend. Tried below before the Hon. Wm. H. Burkhart. Suit brought by Mrs. Millie Wheat as survivor of the community estate of herself and her deceased husband, James B. Wheat, against the Gulf, Colorado & Santa Fe Railway Company for damages alleged to have been sustained by plaintiff by the burning of the grass on her pasture lands situated adjacent to appellant’s track in Fort Bend county, Texas.

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Appeal from Fort Bend. Tried below before the Hon. Wm. H. Burkhart. Suit brought by Mrs. Millie Wheat as survivor of the community estate of herself and her deceased husband, James B. Wheat, against the Gulf, Colorado & Santa Fe Railway Company for damages alleged to have been sustained by plaintiff by the burning of the grass on her pasture lands situated adjacent to appellant’s track in Fort Bend county, Texas. The petition alleged that the fire was caused by sparks and coals of fire which were negligently permitted to escape from one of appellant’s passing engines, and setting on fire the…

1Opinion of the Court

Stayton, Associate Justice.

The fall term of the district court of Fort Bend county is required by law to commence on the first Monday after the third Monday in September. This action was filed to that term, and the citation commanded the officer to summon the defendant to appear on that Monday without giving the day of the month on which that would fall, and it commanded the officer “to have the writ then and there,” with an endorsement thereon showing how he had executed the writ. A motion was made to quash the citation on the ground that it was not “made returnable to the first day of the…

2Cited by6 opinions

  1. Gutierrez v. CuellarCourt of Appeals of Texas · 1922
  2. American Nat. Ins. Co. v. HammondCourt of Appeals of Texas · 1936
  3. Sovereign Camp, W. O. W. v. DavisCourt of Appeals of Texas · 1924
  4. Trinity & B. v. Ry. Co. v. McCuneCourt of Appeals of Texas · 1913
  5. Kent v. FavorNew Mexico Supreme Court · 1885

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